America Invents Act of 2011

In: Other Topics

Submitted By armandfa
Words 57761
Pages 232
America Invents Act of 2011: Analysis and Cross-References Donald S. Chisum Co-Founder and Lecturer, Chisum Patent Academy ChisumPatentAcademy.com

December 5, 2011

SYNOPSIS § 1 Introduction § 2 Overview, Organization and Citation Form § 3 First Inventor to File 3.1 Effective Date; Two Patent Laws for Decades 3.2 "Sense of Congress"; Justifying Conversion to First-to-File; Certainty; Harmonization; Grace Period Difference 3.3 New Section 102 on Novelty 3.3.1 Retained Concepts 3.3.1.1 "Patented 3.3.1.2 "Described in a Printed Publication" 3.3.1.3 "In Public Use, On Sale": Is Non-Public Commercial Activity Included? 3.3.2 Omitted Concepts 3.3.2.1 "Known or Used" 3.3.2.2 "In this Country" 3.3.2.3 Invention Dates; On the Continuing Relevance of "Conception" and "Reduction to Practice"; "Who" Problems and "When" Problems; Derivation; Ownership 3.3.3 New or Revised Concepts 3.3.3.1 "Otherwise Available to the Public" 3.3.3.2 "Claimed Invention"; Generic Claims and Specific Disclosures 3.3.3.3 "Effective Filing Date" 3.3.4 Grace Period: Exception for Inventor Disclosures A Year or Less Before Filing 3.3.4.1 Inventor Disclosures; Derivation 3.3.4.2 Prior Disclosure by Inventor

3.3.5 Senior Right 3.3.5.1 Applications Previously Filed by Others as Prior Art; Effective Filing Date; Hilmer Abolished 3.3.5.2 Avoiding Senior Filed Application Disclosure 3.3.5.2.1 Subject Matter Obtained from Inventor 3.3.5.2.2 Subject Matter Previously Publicly Disclosed 3.3.5.2.3 Common Ownership; Prior Art Disqualifier 3.4 Amended Section 103 on Obviousness 3.5 Statutory Invention Registration Repealed 3.6 Conforming Amendments Required by Section 102 Amendments 3.6.1 Section 172; Design Patents; Right of Priority 3.6.2 Section 287; Exemption for Medical Practitioners 3.6.3 International Applications under the Patent Cooperation Treaty 3.6.3.1 Prior Art Effect; Section 363 3.6.3.2…...

Similar Documents

Response to Angels in America Act 1: Scene 7

...Response to Angels in America Act: Act One, Scene Seven. In scene seven, Prior and Harper share a “spiritual” moment as a dream for Prior and a hallucination for Harper. The scene serves to show us exactly how Prior is really handling his situation and allows Harper the realization that her husband is gay. The scene is also the first indication of the supernatural that we have in the play though it remains unexplained for now. Up until now Prior has seemed very accepting and light with Louis about his sickness and impending death, he seems to make light of it and joke about it like it doesn't bother him. In this scene we can see that there is more to it than Prior lets on as he sits at the makeup table lamenting how “one never gets what one wants” and how people “die at thirty, robbed of decades of majesty.” Prior is obviously in a down mood, but ends his monologue saying that he knows he's hit rock bottom when “even drag is a drag,” showing that he's so depressed that even his old passion isn't fun. Prior then shows up and neither person freaks out as they both realize that it is a dream, or hallucination in Harper's case. The conversation is very bleak, with Harper also speaking about hopelessness saying life is the “same old ordinariness and falseness rearranged into the appearance of novelty and truth.” The fantastical nature of the dream allows Harper to see that Prior is sick, which shocks him as he doesn't even know this woman. Harper explains that her......

Words: 434 - Pages: 2

America

...Punishment in America America has a unique justice system, like no other in the world. During the creation of the American colonies and the building of a nation, America took ideas of justice from their British heritage. Corporal punishment was the idea of dealing with criminal issues. America has since changed its view on punishment, early responses where considered brutal and today the view is more for rehabilitation of the offender. If a law is broken or a crime committed, the offender should be punished. The question that has lingered for many centuries is how harsh the punishment should be. The early Americans relied on public shaming for punishment. The intent was to teach a lesson to the offender and education would likely prevent recurring criminal activity. Some of the common practices for punishment were public whippings at the towns whipping post, brandings such as an A on the forehead for adulteries, cutting off ears, tongues, or fingers for liars and thieves, and placing offenders on the pillory or a stock for the townspeople to throw rotten vegetables or rocks at. For more severe crimes such as murder or rape, criminals were punished with execution by public hanging. Imprisonment was not as common. Early responses to crime seem to be extremely brutal, but the idea was to give a punishment as closely as possible to the crime. In the seventeenth and eighteenth centuries, the English would also send criminals to the new American colonies to remove them from......

Words: 1115 - Pages: 5

Dream Act

...The DREAM Act A bill reintroduce in the United States House and Senate in May 2011, The DREAM Act is the latest issue in Immigration Reform. The Dream Act, the Development Relief and Education for Alien Minor Act could change the lives of illegal immigrants. The Dream Act not only extends price cuts for in-state college tuition but speed up the citizenship process. Certain criteria must be met by the illegal immigrant students who have graduated from a United States high school before approval for Conditional Permanent Residency. Conditional Permanent Residency will allow an individual to work, drive, and travel aboard for long periods, up to 365 days in total for six years. Under the Dream Act the individual is eligible for loans and federal work-study programs but not federal financial aid such as Pell Grants (Miranda, 2011). The criteria for the Dream Act is basically good moral character, resides in the United States legally or illegally as a minor, and reside in this country for a minimum five years prior to this bill. The illegal minor must have lived in the U.S. before the age of 16. The illegal immigrant must have graduated from a U.S. high school or obtained GED or have been accepted into college, university, or military. For those who have not graduated, the Dream Act can help. The illegal minor enrolled in full-time primary or secondary school and are 12 years or older will also benefit. If requirements are meet, apply, and approved but failed to complete......

Words: 404 - Pages: 2

America and the Disability Act

...The Americans with Disabilities Act (ADA) is a tool that works for all individuals that have disabilities. “The Americans with Disabilities Act (ADA) is a law that prohibits, under certain circumstances, discrimination based on disability” (2011). To understand this act yo0u must first understand what a disability realistically is. “A disability is a physical or mental impairment that substantially limits a major life activity” (2011). This particular acts works for many individual that have disabilities that alter their abilities to do certain thing and they should be discriminated on because of disabilities. I strongly feel that this a great act that needs to be enforced in all setting daily. This act not only protects these individuals that do not function as well as others, it also protects their rights and dignity in so many ways. Many people in today society are usually giving a fair chance because of their disability but this law gives them the extra push to move forward and act upon any type of discrimination. This can be a touchy subject because many employers, landlords and other member of society tend to give people the deaf ear. They may feel that these individual are not as suitable or qualified as other applicants or may just not want to deal with these hassle of accommodating to disable individuals but in all law work for the great good in some instances and I truly feel that this law is work for the great good of society. ...

Words: 259 - Pages: 2

Zara 2011

...of the main indicators 2011 Turnover (in millions of euros) Sales 2010 13,793 12,527 Results and cash flow (in millions of euros) Operating profit (EBITDA) Operating profit (EBIT) Net income Net income attributable to the parent company Cash flow 3,258 2,522 1,946 1,932 2,613 2,966 2,290 1,741 1,732 2,540 Financial and management ratios ROE ROCE 28% 37% 30% 39% Other relevant information Number of stores Net openings Number of markets with commercial presence Number of employees % men/women Overall energy consumtion (Tj) Number of suppliers Social investment (in millions of euros) 5,527 483 82 109,512 20.5/79.5% 3,381 1,398 14 5,044 437 77 100,138 19.5/80.5% 3,230 1,337 11 Highlights Sales 13,793 12,527 9,435 10,407 11,048 10,000 7,500 15,000 12,500 5,000 2,500 0 2007 2008 2009 2010 2011 Sales by geographical Rest of Europe 45% Spain 25% America Asia and the rest of the 12% world 18% Net profit 2,500 1,946 1,741 1,258 1,262 1,322 2,000 1,500 1,000 500 0 2007 2008 2009 2010 2011 Number of employees 0 20,000 40,000 60,000 80,000 100,000 120,000 2011 2010 2009 2008 2007 79,517 109,512 100,138 92,301 89,112 Inditex´s Annual Report addresses its economic, social and environmental performance for the purposes of achieving the maximum transparency in its relationship with all its stakeholders annual report 2011 index 06......

Words: 132690 - Pages: 531

Framework and Development of Terrorist Acts in America

...prevent terrorist acts Linze Green PAD 631: Government & Budgeting Texas Southern University Table of Contents Introduction…………………………………………………………………. Literature Review…………………………………………………………. Laws, Policies & Budgets……………………………………………….. Recommendations………………………………………………………… Conclusion…………………………………………………………………… Abstract This research paper will focus on America’s fight against terrorism and policies that can be implemented to make our nation more safe and secure.   Terrorism has changed the way we use public transportation, travel in airports and train stations, terrorist in America can attack almost everything we do today.   Terrorism by terrorist like Bin Laden have influenced American government planning to develop Homeland Security and the planning of foreign policy decisions for agencies like NSA (National Security Agency), CIA (Central Intelligence Agency), legislative, judicial, and other federal law enforcement agencies as part of the solution to explain protection policies and decisions that impact the civil rights of   the public. The New Homeland Security measures have contributed to shaping the post-September 11event relationship Introduction From 2011 to 2013 the current practices against terrorist acts still remains a major threat in the United States. Over the past few years, the Government Accountability Office (GAO) has continued to collect data and implement techniques with its mission to help prevent terrorist acts and reduce......

Words: 1487 - Pages: 6

America

...America Really Was That Great (But That Doesn’t Mean We Are Now) by Thomas L. Friedman and Michael Mandelbaum This article summarizes the way that our government runs our country. In perspective the government made it to where everyone wanted to come to America for opportunities. As a country the government did a good job but is starting to veer away from that. If we don’t do something soon our country could fail. “America's political parties today have strayed off course, Palmisano told us, "because they have focused on themselves" more than on the priorities of the country as a whole. IBM got back on track, under new leadership, by focusing on and coming to understand the new environment in which it was operating and then mobilizing and inspiring the whole company to master the next big change in technology, networked computing (Friedman & Mandelbaum, 2011).” This quote is very accurate as far as maybe it is time for a big change in our government. This article was well written and thought out. The paragraph about Barack Obama could have been left out and the point of America could have still been met. The many examples to say where our country has let things get out of control were great examples and adding more examples such as the healthcare and welfare systems could have been added to make it more complete. References Friedman, T. L., & Mandelbaum, M. (2011). America really was that great (but that doesn't mean we are now). Foreign Policy, (189), 76-78. ...

Words: 257 - Pages: 2

United Way of America 2011

...Case Study: United Way of America, 1992 Prepared by Dr. Martha Dede Spring, 2008 A MATTER OF GOVERNANCE: UNITED WAY OF AMERICA, 1992 Organization Thumbnail United Way of America (UWA) was incorporated in 1932 with the mission “[t]o improve lives by mobilizing the caring power of communities”. Since, UWA has been a significant constituent in the flywheel of American philanthropy. Headquartered in Alexandria, Virginia, UWA is comprised of 1,400 dues-paying and another 700 non dues-paying affiliates which, in aggregate, raise about $3.1 billion annually, and fund approximately 50,000 service-providing health and human service agencies nationwide. (1) In 1992, UWA President William Aramony brought the organization to its knees for, variously, being a “sloppy President”, a serial womanizer, of exercising “poor judgment” (2) and of “haphazard” management practices. (3) Brief Chronology In late 1991 and extending into February 1992, the UWA Board of Governors ordered an independent internal investigation of long-time UWA President William Aramony for allegations of misuse of funds, fraud, tax evasion and illegal operation of satellite businesses. The investigation emerged in response to information provided (anonymously) by UWA staffers to LaSalle D. Leffall Jr., Chair of UWA’s Executive Committee, to inquiries from a Washington Post investigative reporter, and to demands from several UWA affiliate officials that Aramony be removed. At that time, several......

Words: 1025 - Pages: 5

June 2011

...June 2011 Explain the term turnout used in the extract. Turnout represents the number of registered voters who cast a ballot at a given election usually expressed as a percentage. In this extract turnout refers to non-electoral political participation. Traditionally, the political participation of the UK’s citizens is measured by turnout to general elections. For example, in 2005 turnout to the general election was just 60%. This was seen to be a participation crisis by some. This extract would argue that casting a ballot is only part of a person’s political participation. It shows that 62% of people had given money to an organization in the previous 12 months. Also, 50% of people had signed a petition. This suggests individuals choose their involvement in politics in their own way and generalizing that if general election turnout is low, political participation is low is incorrect. This is supported by the POWER report in 2006 that suggested there is not a political participation crisis as there is still involvement on a local level. This suggests that political participation should not just be judged on turnout for general elections but also other acts of political participation. Using your own knowledge as well as the extract, consider why some commentators have spoken of a ‘participation crisis’ in recent years. In recent general elections, declining levels of turnout have led some to believe Britain is having a participation crisis. Meaning, political......

Words: 1720 - Pages: 7

America

...I Want to Be Miss America, by Julia Alvarez, addresses the problem of trying to fit in. In the story Alvarez struggles to be an American. Her Hispanic culture becomes a problem with being part of the American society. Alvarez and her sisters try to make themselves fit it into the American society, instead of celebrating the differences of their culture and being proud of who they are. In the beginning of the story the author starts off by saying, “As young teenagers in our new country, my three sisters and I searched for clues on how to look as if we belonged here”(56). From the first sentence, it shows Alvarez is trying to change her appearance and the way she acts, in order for her to fit in. I do not identify with her strong need to change her appearance and the way she acts for her to fit in. I also come from a Hispanic culture and unlike her I have never tried to change to make me seem as if I belonged in the United States. I’ve been always proud of my culture and I have never tried to hide it. I have always tried to be myself and for me that has worked because I never have felt as if I don’t fit in. That does not mean I haven’t changed through the years of living in the United States, but not because I was trying to fit in. For example, since the first day I heard hip-hop music I haven’t stop listening to it. I haven’t stop listening to it not because most everyone in the United States like it but because I like it. One of the reasons people are not motivated to......

Words: 625 - Pages: 3

America Transformed

...America Transformed HIS 110 June 13, 2011 Abstract Some individuals have a curious thought of how Americans built their society. In this reading the reader will understand a historic timeline from 1780-1850. Learning the important information during certain years and how they overcome each event. The Agricultural Revolution of Europe started in the 1700’s; it was widely spread throughout Europe and America by the 1800’s. The results of the revolution, was the farming processes became more efficient, and productive due to several inventions, and discoveries. The Agricultural processes became faster, and less manpower is required in the field, as a result the population from the countryside had no means of supporting themselves. They were forced to move into the urban cities in search of factory jobs. The Industrial Revolution began in Great Britain during the 1700s. The term Industrial Revolution refers both to the changes that occurred and to the period itself. During the 1700s and early 1800s, great changes took place in the lives and labor of people in several parts of the world. These changes resulted from the development of industrialization and it started spreading to other parts of Europe and to North America in the early 1800s. By the mid-1800s, industrialization had become widespread in Western Europe and the northeastern United States. 
 America Transformed In 1781 Peace Commission occurred and what it meant was Congress appoints a Peace Commission......

Words: 1660 - Pages: 7

Why the Affordable Care Act Is Bad for America

...Why The Affordable Care Act is Bad for America The Affordable Care Act does have good intentions, unfortunately it is not turning out to be what Americans were expecting. American’s were originally told that they would be able to keep their current healthcare plan without interrupts; however beginning December 2013 thousands of Americans received cancellation letters from their insurance companies due to the rules and regulations of the Affordable Care Act. When searching for similar policies (which are rare to find) the monthly premiums where increased dramatically, which most people cannot afford. As for young healthy persons, The Affordable Care Act has made it no longer acceptable for insurance company’s to adjust/base premiums based on age, risks, pre-existing conditions ect… so for many healthy Americans – their premiums are being raised to make up for those who are older and sick with preexisting conditions. This act has also enforced that employers provide health insurance to any employee working full time, if not they will be fined. Many employers are in the process or have already begun reducing employee’s to part-time so they do not have to pay for their health insurance. This is creating problems for the economy because employees are now not making the amount of money they were and are still without insurance and are unable to purchase insurance because their income is now lower. The Affordable Care Act is also going to negatively affect the economy......

Words: 361 - Pages: 2

America

...IT Association Of America ukessays.com /essays/america/it-association-of-america.php Introduction: Information Technology has been defined as “the study, design, development, implementation, support or management of computer-based information systems, particularly software applications and computer hardware” by the Information Technology Association of America (IITA). Information Technology has been one of the fastest growing industries in the last three decades. With a growth rate of 5.6%, information technology sector is now more than a $1.6 trillion (Nasscom) industry from what was merely an industry of few millions in 1980s. Today almost all electronic devices have a chip programmed to run the device efficiently. Information technology does not just support the internet and computers; it has grown to almost every sector today, from computers to mobile phones, from banking to automobiles, from education systems to Business process, information technology is involved in improving the system performance everywhere. Information technology played an important role in improving process and performance of businesses. Globalisation had an important role in kicking off the demand for information technology. But this was not the only reason for high demand of software products and services, strong technological advances were being pursued in all sectors. Heeks and Nicholson (2004) identified that According to them the developed economies had significant growth in...

Words: 5459 - Pages: 22

America

...America the Unbeautiful To the thousands of immigrants that come to America every year it may seem like a better place to live and raise their families. Considering many of the places that they are migrating from it may just be a much better place. But America also has its downfalls. One of those downfalls is that although we are known as being a unified nation, in fact we are not. There are many things that separate us, our society is not one. We are divided into several groups. The main reason for this is stereotypes that lead people to believe that certain groups of people possess characteristics that may not be true of that group. These stereotypes lead to the many other consequences, such as racism and segregation. In America stereotypes have created an unequal society for those who are native to America and those who migrate here. In the everyday life of an American we deal with the cost of having a very judgmental population. Our society in America is divided into different groups. We call these groups classes. Where a person stands, depends on many things. The first thing that is taken into consideration when placing people into these classes is they’re cultural background. When many people see a Black American or Latin American they assume that they are poor or uneducated. Although this is not always the truth, this is an effect of stereotyping. The assumption that these people come from the ghetto or bad neighborhoods leads......

Words: 1382 - Pages: 6

America

...Growing Pains The Reconstruction period is believed by some to be the most important period in American history. There were many historical turning points throughout this period. The two that caught my attention the most were the freedom given to slaves and African Americans being given the opportunity to vote. After being taken from their native country Africa, they were beaten, starved, raped, and forced to work extremely long hours with little to no sleep. One word to describe the treatment of slaves is, horrible. They were finally granted freedom during the Reconstruction period. Although, they were free, life was still extremely difficult for blacks in America especially in the southern states. It would take many years before life improved for the former enslaved African-Americans in the United States of America. According to Smith (2010),” the Thirteenth Amendment in 1865 abolished slavery”. The first thing many freed slaves did was move. Most slaves wanted to reunite with family members they lost due to the slave trade. Freed African-Americans wanted to establish their own churches and schools. Many schools for African-Americans opened in the southern states. Strong bonds between families was the backbone of the post war African-American community. Slave marriages had no legal standing at all. After emancipation thousands of freed African-Americans registered their unions before the army, Freedmans Bureau, and local governments. White southerners were scratching......

Words: 1167 - Pages: 5