Tag Archives: Innovation Act

A Second Look At The Innovation Act Obviousness Type Double Patenting Statute

When the Innovation Act first was introduced, I was skeptical of the proposed obviousness-type double patenting statute. I did not understand why some thought that patents that fall under the First-Inventor-To-File provisions of the American Invents Act would not be subject to the existing judicially-created doctrine of obviousness-type double patenting, and I thought that the … Continue reading this entry

Goodlatte Proposes An Obviousness Type Double Patenting Statute

Many thanks to my colleague Andrew Baluch for his contributions to this article. One of the provisions of the Innovation Act introduced by Congressman Goodlatte (R-VA) on October 23, 2014, purports to codify the doctrine of obviousness-type double patenting for applications and patents examined under the first-inventor-to-file regime. However, the proposed statutory language appears to both … Continue reading this entry

The Goodlatte Innovation Act Proposes More U.S. Patent Reform

On October 23, 2014, Congressman Goodlatte (R-VA) introduced the “Innovation Act,” which is intended “to make improvements and technical corrections” to the Leahy-Smith America Invents Act (AIA) “and for other purposes.” Although the bulk of the Act focuses on patent litigation, Section 9 includes significant changes to a variety of substantive provisions of U.S. patent … Continue reading this entry