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

Attorney General Summit

Attorney General Summit

Class of 2019 How to Prepare for Law School BBQ
JUN
10
9:30 am - 2:00 pm
RWU Law, 10 Metacom Avenue, Bristol, RI 02809
Law Alumni Association Annual Breakfast Meeting
JUN
16
7:45 am - 9:15 am
Rhode Island Convention Center, Providence
18th Annual Rhode Island Attorney General Open Government Summit
JUL
29
8:30 am - 12:30 pm
RWU Law, Bristol, RI
LSAT Free Practice Test
AUG
05
10:00 am - 1:30 pm
RWU Law-- Appellate Courtroom (Room 283), 10 Metacom Avenue, Bristol, RI 02809

Trending@RWULaw

05/03/2016
By Dean Michael J. Yelnosky
One hallmark of an RWU Law education is our remarkable connection to the bar, the bench, other branches of government, and businesses – both profit and non-profit.  During a student’s three...


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.