Staking an advantage in an AIA world: Practical patent tips for biotechnology companies

摘要

With passage of the Leahy-Smith America Invents Act (AIA),new rules and procedures related to the application of prior art now apply to patenting under a "first-inventor-to-file" system.This article summarizes certain key prior art provisions that biotechnology companies should be aware of and details practical steps that can be implemented to help stake a competitive advantage under the new law including the use of patent liaisons,early provisional and patent application filings,and in certain circumstances,defensive publication of patentable subject matter.