Posted on Jan 29, 2020

Law Office of Gerald R. Prettyman

THE POSTMARK IS DEAD – Part II
The America Inventors Act (AIA) also allows a business to claim ownership at application filing with later filing documents proving ownership. Previously, a business had to wait to file proof of ownership, with the result of lawsuits over ownership.
Two other significant parts of AIA relate to a one-year rule. Previously, a company could not offer or sell the invention before filing a patent application. Small and unfunded companies were often at a disadvantage by having to forgo patent protection to raise funds, and if the company did keep the invention a secret, such a company could be forced to pay license fees to a company that invented later but filed first. AIA allows a confidential sale before the timely filing of the patent application. The new law also grants a patent to company who can prove timely invention IF the date of invention is more than one year before the other person or company filed a patent application AND neither person nor company knew about the other person or company's inventive efforts.
Got a Bright Idea for a Patent, Trademark or Copyright? Please contact Gerald R. Prettyman, Patent Attorney at grplaw@gmail.com or call +1(925)600-7342.
Get quote
Message sent. We'll get back to you soon.