2014 Issue

22 in the U.S. or in a foreign country. Often, engineers’ work is peer reviewed. To add to themarketability of the engineers’ property and the company’s economic growth, there might be an understandable interest in publishing as soon as possible. However, despite this temptation to disclose your invention, patent rights may be irrevocably lost if anyonemakes a public or unprotected disclosure of the invention before the pat- ent application has been filed. It will also remain important to keep detailed records on the development of an invention and the circumstances of any disclosure of that invention outside your organization. INTRODUCTION OF ADDITIONAL PRIOR ART SOURCES The change to U.S. patent law through the AIA will also somewhat increase the pool of prior art that can be used against a pat- ent application. Prior art is any information available to the world before a patent ap- plication has been filed, and, as can be ap- preciated, may be used to reject the subject matter claimed in the patent application as being either anticipated by, and/or obvious, in light of the prior art. For example, previous patent documents from outside the U.S. will be effective prior art against your patent application as of the date those prior patent documents were filed in the home country, despite the country or language they were filed in. As a result, a USPTO patent examiner who op- poses your interests in obtaining a patent can now cite foreign patents, in English or not, as the basis for rejecting your patent application. ADDITIONAL CHANGES Other provisions of the AIA deal with the prosecution of patent applications within the USPTO. Specifically, these additional provisions deal with third-party prior art submissions, and changes in ex parte and inter parte re-examination procedures. We would happy to discuss these additional provisions with you should you have any questions. However, we have described above those provisions that you may find most helpful before you seek patent rights. SUMMARY Engineers are habitual inventors through their development of new and useful tech- nologies and the goods and services that evolve from these technologies. Therefore, it goes without saying that any changes in United States patent law directly affect an engineer’s ability to succeed in any of the engineering disciplines. Based on the above, it becomes even more important to file patent applications as quickly and as often as possible to ensure prior rights over other competing parties or individuals. As always, should you have any questions about these changes in U.S. patent law, please do not hesitate to contact one of our intellectual property attorneys at Van Cott, Bagley, Cornwall & McCarthy, P.C., (801) 532-3333. The information contained in this publication is intended to provide general information for review and consideration. The contents do not constitute legal advice and should not be relied on as such. If you need legal advice or assistance, please do not hesitate to call the firm. World class experience— local presence for over 35 years Around the world and close to home, CH2M HILL gives our clients the support and commitment they need to build a better and more sustainable world. CH2M HILL is a full-service engineering, construction, and operations firm with extensive resources throughout Utah and around the world. You can count on our dedication to your success. Water • Transportation • Air Quality • Mining • Environment • Power • Industrial Technology 215 South State Street, Suite 1000 Salt Lake City, Utah 84111 801.350.5200 ch2mhill.com    Providing comprehensive professional consulting services to Private, Federal, State, and Local Governments throughout the Intermountain Region since 1997                      9217 So. Redwood Road ○ Suite A ○ West Jordan, Utah 84088 www.merid- eng.com ○ Ph: 801.569.1315 ○ Fax: 801.569.1319 MODERN PATENT LAW | continued from page 21