Intellectual Property Litigation


Mallesons IP Commercialisation Webcast on Patent Reform in the US: The Potential Consequences

October 13, 2008 • Webcast

For several years, the US Congress has been considering various "reforms" to the US patent laws. Most of the proposals involve the adoption of a "first to file" system, which would make US law much more similar to that in Australia, Europe, and Japan. One of the main consequences of adopting a first-to-file system is that virtually all patent interference proceedings would be eliminated (though certain "derivation proceedings might remain). The other main aspect of patent reform will likely involve the creation of post-grant opposition proceedings, which will also serve to bring US law closer to that in other countries.

The US is a key market for many Australians. The current 'first-to-invent' and patent interference provisions have a significant effect on the way that researchers/inventors on this side of the Pacific document their research and approach patent filing strategy.

Michael Jacobs will be presenting. It will focus on the profound impact these changes will likely have on patent practice in the US. In particular, Mr Jacobs will address how recordal of inventions, patent prosecution and filing and litigation strategies will be affected by the changes in the law and will provide advice on things to consider if the changes do indeed occur.

Crowell & Moring Participant(s):
Michael H. Jacobs
Partner – Washington, D.C.
Phone: +1.202.624.2568
Email: mjacobs@crowell.com
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