Intellectual Property
Sep. 28, 2011
Patent law creates a first-to-disclose system
A provision in the America Invents Act creates uncertainty for inventors over the issue of prior art. By Robert L. Kovelman and Doug R. Peterson of Steptoe & Johnson LLP
The America Invents Act, recently signed into law by President Barack Obama, is intended to harmonize U.S. patent laws with the rest of the world's and to provide certainty to inventors. However, at least one provision of the new law, Section 102, presents inventors with a conundrum. On one hand, Section 102 offers a possible exception to what constitutes prior art. On the other hand, it also creates uncertainty and ...
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