The Bayh-Dole Act, also known as the Patent and Trademark Law Amendments Act, allows the U.S. Government to take ownership or require licensing of inventions made by small businesses and nonprofit organisations participating in federally funded programs. If a government-funded entity creates an invention during a federally funded program, they must disclose it and can choose to retain the rights by filing a patent application. However, the government can still intervene and require the entity to grant licences in specific circumstances. This law is located in 35 USCA §§ 200-212 and is commonly referred to as March-In Rights.
The Bayh-Dole Act, also known as the Patent and Trademark Law Amendments Act, is a federal law that grants the U.S. Government the authority to claim ownership or require licensing of inventions created by small businesses and non-profit organisations participating in federally funded programs. For instance, if a small business receives government funding to develop a new technology, the government may demand the business to disclose any inventions made during the project. Although the business can choose to retain ownership and file for a patent, the government retains the right to compel the business to grant licences to others if necessary. The primary objective of the Bayh-Dole Act is to promote innovation and the commercialization of new technologies by enabling small businesses and non-profit organisations to maintain ownership of their inventions and reap financial benefits from them.
The Patent and Trademark Law Amendments Act, also known as the Leahy-Smith America Invents Act (AIA), is a United States federal statute that was enacted in 2011. It brought significant changes to the U.S. patent system, transitioning from a “first-to-invent” system to a “first-inventor-to-file” system.
Some key provisions of the AIA include the establishment of the Patent Trial and Appeal Board (PTAB), the introduction of post-grant review proceedings, the creation of a new category of patents called “micro-entity” status, and the implementation of various fee changes.
The AIA introduced a “first-inventor-to-file” system, which means that the first person to file a patent application for an invention is generally granted the patent rights, regardless of who actually invented it first. This change aimed to harmonize the U.S. patent system with international standards.
The PTAB was established as a part of the AIA to provide an administrative forum for resolving patent disputes. It conducts various proceedings, such as inter partes reviews (IPRs) and post-grant reviews (PGRs), to address the validity of existing patents.
The AIA introduced several provisions to address patent litigation issues, such as the implementation of the “covered business method” review, which allows for the review of certain business method patents. It also provided mechanisms to challenge the validity of patents through post-grant review proceedings.
While the primary focus of the AIA was on patent law, it did introduce some changes to trademark law as well. For example, it expanded the definition of prior commercial use as a defence against trademark infringement claims.
The AIA aimed to provide more opportunities for small inventors and businesses by introducing the “micro-entity” status. This status allows for reduced fees and certain benefits for qualifying inventors and businesses with limited resources.
No, the AIA did not change the duration of patent protection. Patents are still granted for a period of 20 years from the filing date of the patent application.
In general, the AIA applies prospectively and does not have retroactive effect. However, certain provisions of the Act may have retroactive application, depending on the specific circumstances and the intent of Congress.
To stay updated on any amendments or changes to the AIA, it is advisable to regularly check the official website of the United States Patent and Trademark Office (USPTO) or consult with a qualified intellectual property attorney who specializes in patent and trademark law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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