Transitioning to a First to File System - Presented by Suffolk Law School

As part of the Suffolk Law School Podcast Series , Leigh Martinson , of McDermott Will & Emery , recently spoke on the America Invents Acts' transition from a first-to-invent to a first-to-file system. What Does the Transition Mean and What Are the Consequences? Mr. Martinson points out that...

35 USC § 102 and the First to File System

The First to Invent system, which has been the fundamental base of US patent law for more than 200 hundred years, has now been replaced by a First to File system, sort of. In this Analysis, Jim Longacre discusses the similarities and differences between the old and new patent law and gives extensive...

Fitch, Even, Tabin & Flannery LLP: USPTO Continues to Revise Rules of Practice

The U.S. Patent and Trademark Office (USPTO) is in the process of entering major revisions to the rules of practice to reflect the changes required by the Leahy-Smith America Invents Act (AIA). As we reported in July, the USPTO issued proposed rules relating to the first-to-file and third-party submission...

Fitch, Even, Tabin & Flannery LLP: Derivation Proceedings

Among the changes introduced by the Leahy-Smith America Invents Act (AIA) is the implementation of a "first-to-file" system. Generally, under the first-to-file system, if there are two competing applicants for the same patentable invention, the first inventor to file will be awarded the patent...

Fitch, Even, Tabin & Flannery LLP: U.S. Patent System Changes from “First-to-Invent” to “First-to-File” System on March 16, 2013

On March 16, 2013, the final provisions of the America Invents Act (AIA) will go into effect. Under these provisions, the U.S. patent system is changing from a "first-to-invent" system to a "first-to-file" system. Accordingly, the first inventor to file a patent application will normally...

Brinks Hofer Gilson & Lione: Transitioning to First-Inventor-to-File: Part I

For patent seekers and patent attorneys alike, March 16, 2013 will be a momentous date. On that day, the U.S. transitions from its current "first-to-invent" system to a "first-inventor-to-file" (FITF) system. Although the FITF system has been in place in every other country in the...

Troutman Sanders LLP: U.S. Becomes “First-to-File” Country for Patents on March 16, 2013 - Consider Strategic Action Now

By Robert Schaffer and Joseph R. Robinson On March 16, 2013, the United States will become a "first-to-file" country for determining the rights of different inventors competing for a patent covering the same invention. This is part of the recent "America Invents Act" (AIA). To...