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AIA Rules Package: 2012 Mid-Winter Institute Gives You a Critical First Look

The USPTO has just published four proposed rule amendments to implement provisions of the America Invents Act, and more are expected shortly. In fact, some of the most important of the proposed rules may actually issue while we are at the Mid-Winter meeting – get them here first!
With comment periods of only 60 days (ending for some proposed rules as soon as March 5), you and your clients need to be prepared for these changes as early as possible.
The AIPLA 2012 Mid-Winter Institute will give you a great opportunity to review and discuss the proposed rules in-depth, and provide feedback during sessions each day.
We are pleased to have a number of senior USPTO officials with us at the meeting, including:
• Deputy Under Secretary and Deputy Director of the USPTO, Teresa Stanek Rea
• Commissioner for Patents, Margaret “Peggy” Focarino
• Chief Judge of the Board of Patent Appeals and Interferences, James Smith
• General Counsel, Bernie Knight
Don’t miss this opportunity to understand the proposed rules and make your comments known face-to-face with the decision-makers! 

USPTO Senior Officials Will Discuss the Proposed AIA Rules at these sessions:


Mon. Jan. 23 –   Opening Plenary Session, 1:30 – 2:00 pm

  • USPTO Deputy Under Secretary and Deputy Director Terry Stanek Rea, and
  • USPTO Chief Judge of the BPAI James Smith will provide comments on the proposed rules from the USPTO perspective.
  • AIPLA Past President Alan Kasper, Chair of the AIPLA AIA Rulemaking Task Force will give an overview report on the status of the proposed rules

Tues. Jan. 24 – Interactive Committee Sessions,

  • Corporate Practice Committee – (in-house counsel only) Proposed rules on filing – change to the oath and declaration requirements. How might companies large and small need to change their patent operations in response to the proposed rules? 6:15 – 8:15 am
  • Patent-Relations with the USPTO/Electronic and Computer Law Committee Joint Program will include in-depth discussions of the proposed rules and their impact on appeals and reexamination with Chief Judge of the BPAI James Smith, and the potential new Supplemental Examination rules for cleaning up your patent prior to litigation.  3:45 – 6:00 pm
  • Emerging Technologies Committee/Licensing & Managing IP Assets/Mergers & Acquisitions Joint Program  – What will AIA's impact be on due diligence? 3:45 – 6:00 pm

Wed. Jan. 25 – Hear from the USPTO and Study Ethical Impact of the Rules

Luncheon speaker, USPTO Commissioner for Patents Peggy Focarino, will discuss the proposed rules in the context of the patent examination process; what they mean to IP practitioners; and how examiners will handle them. 12:30 (ticket required)
Law Practice Management, Patent Law, and Professionalism & Ethics Joint Program on "Ethics Issues Under the AIA." Proposed rules changing the statute of limitations for bringing a complaint against a patent practitioner: What will your new potential exposure be? 3:45 – 6:00 pm
USPTO Inter Partes Patent Proceedings Committee – Lead Administrative Patent Judge of the BPAI Michael Tierney,  and General Counsel Bernard Knight will discuss the proposed rules and their impact on the whole gamut of new post-grant review processes, including PGR, IPR, and Transitional Program for Business Method Patents. 3:45 – 4:45 pm

IP Practice in Europe Committee/IP Practice in Japan, Judge Tierney will speak on the new post-grant review process, 3:45pm-6:00 pm

Patent Agents/Patent-Relations with the USPTO, Deputy Director Rae, 5:00 – 6:00 pm


Thurs. Jan. 26 – Senior Practitioners and USPTO Joint AIA Panel, 7:45 – 8:45 am

• Experienced practitioners and industry experts directly involved in the negotiation and passage of the AIA will join USPTO officials, General Counsel Knight, and Judge Tierney, for an in-depth discussion of the proposed rules, the policies behind them, and how they will affect you and your clients.