On September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act (“AIA”), the most substantial change to patent law in the United States since the Patent Act of 1952.[1] Over the eighteen months following enactment, a number of alterations to the process that the U.S. Patent and Trademark Office (“PTO”) uses to evaluate patent applications will take place. The single most significant effect of the AIA is the transition from a First to Invent (“FTI”) patent system to a First to File (“FTF”) patent system. Many commentators have noted the challenges that the FTF system poses to small businesses and entrepreneurs.[2] Indeed, small applicants, often operating on a limited budget and lacking the funds to fully pursue novel ideas, are at a significant disadvantage under FTF when compared with larger entities. However, the AIA is now the law of the … Read the rest
The Great Firewall of America: Is the United States on the Road to Becoming the Next Internet Villain?
In the past couple of months, two Congressional bills have been the subject of a heated debate between media industry giants and some of the world’s largest technology companies: the Stop Online Piracy Act (SOPA) in the House and its Senate counterpart the PROTECT IP Act (PIPA). This legislation is meant to provide the Department of Justice and copyright holders with the ability to curb access to “rogue” foreign websites dedicated to infringing or counterfeit goods. Since the U.S. government does not have the power to take down foreign websites, this bill would grant it the ability to forbid Internet providers from allowing users to connect to those sites. While many entertainment and pharmaceutical companies are in support of these bipartisan bills, digitally oriented companies such as Google, Facebook, and Mozilla have publicly voiced their opposition. Although the problems the bill attempts to address – … Read the rest