America Invents Act gains tentative support

Researchers and inventors with an aim to file their patent in the US should keep an an eye on developments associated with the recently passed America Invents Act. Signed into law in 2011, the act switches the US patent system from a “first to invent” to a “first inventor to file” system, and this brings the US market into better harmony with the patent laws of other countries, most of which, like Australia, operate on the “first-to-file” system.

An interesting read is a report submitted to Congress by the United States Patent Office (USPTO) supporting the prior user rights defense in light of the first-inventor-to-file system. Under the new Act, prior user rights are granted to those who use an invention as part of a manufacturing or other commercial activity more than one year before an invention is first publicly disclosed or applied. This provision was added to counter concerns that the move to a first-inventor-to-file system eliminated the ability for prior users to defend themselves if they had been using an invention prior to it being officially filed as a patent. This resulted in claims that prior user rights stifled innovation.

Overall, the USPTO appears to be in support of the new legislation, and will defer further opinion until 2015 when the effect may be better assessed.

UWS inventors with any questions regarding intellectual property should contact UWS Innovation on 02 9685 9742 or at r.burnside@uws.edu.au

UWS Innovation's partners rewarded at awards ceremony

Image: Barry Westlake, Entrepreneur in Residence, ATP-Innovations

The UWS Partnership Awards recognise partnerships between the University, external organisations and individuals. UWS Innovation is proud to announce that awards were handed out to three particularly outstanding collaborators of ours at a ceremony held in December 2011.
Thermo Fisher Scientific – for collaboration in the field of separation science. In 2011, an agreement was executed between UWS and ThermoFisher Scientific, which formalised a long-term research collaboration with UWS and will facilitate taking our most promising inventions to market.

ATP Innovations – for their ongoing support of the UWS commercialisation push and of our students through an open and dynamic engagement between the two organisations, fostering technology advancement and commercialisation opportunities.

Enterprise Connect – UWS Innovation’s engagement with the Federal Government’s Enterprise Connect allows us to better understand the needs of industry in order to ensure that UWS research and expertise ultimately reaches and benefits the public. Enterprise Connect has provided us access to a network of contacts and opportunities.

We look forward to working with all our partners throughout the year and believe that 2012 will be even more successful than the last. If you are interested in partnering with UWS through licensing opportunities or other commercial or research collaborations, please contact Rob Burnside on ip@uws.edu.au.