Professor Zoe Argento explains to R.I. Lawyers Weekly how the new federal patent law will change the sort of advice lawyers should offer to their clients.

Upcoming Events

Commencement

Commencement

Accepted Students Day
APR
10
9:45 am - 2:15 pm
RWU Law, 10 Metacom Avenue, Bristol, RI 02809
School of Law Commencement
MAY
15
1:00 pm - 3:00 pm
RWU School of Law, Bristol, RI

Trending@RWULaw

03/24/2015
By Judge Judith Savage
This Friday, March 27, an extraordinary gathering will take place here at RWU Law to discuss mass incarceration and mass probation -- one of the most important public policy issues of our time. A...


Affordable Excellence at RWU LAW

Archives

Newsroom

Argento on Federal Patent Reform

Professor Zoe Argento explains to R.I. Lawyers Weekly how the new federal patent law will change the sort of advice lawyers should offer to their clients.

From Rhode Island Lawyers Weekly: "Patent attorneys prepare for ‘Ides of March’" by Julie McMahon

Vintage U.S. paper bag-making machineMarch 7th, 2013: Two key provisions of the federal patent reform law that are due to go into effect March 16 have prompted lawyers to change the advice they offer clients. [...]

Patent lawyers, who are calling the effective date “The Ides of March,” say the changes are the most drastic in years.

Professor Zoe Argento“Under the first to invent, there was a lot of focus on inventors keeping track of when they invent something, so companies have policies about keeping notebooks and research accounts. That’s not going to be as important going forward,” said Zoe Argento, a professor at Roger Williams University School of Law. “There’s a lot more emphasis on filing now. The inventor’s notebook isn’t enough.” […]

The law includes a compromise for inventors and engineers who are still in the process of developing their products, or cannot afford to file often. A “first to publish” exception allows clients to disclose their inventions in a printed publication without affecting patentability, and to block others from filing a patent on the same invention. One year from publication, the patent must be filed.

“Our system is now a bit of a hybrid. Because of the first to disclose option, it’s not a true first to file system,” said RWU’s Argento. “It’s still a disadvantage for smaller inventors, though,” she said, adding that one year after disclosing, it can still be difficult for smaller inventors to have completed the market research necessary to determine if it is worth filing a patent. […]

For full story, click here.