New First-to-File Patent Law Begins March 16, 2013
The long-awaited switch to the “first-to-file” system in the United States patent law goes into effect March 16, 2013. By moving away from the current “first-to-invent” rule, the United States Patent and Trademark Office (USPTO) will follow the patent law practices of most other countries. It is the most significant change under the America Invents Act (AIA), which President Obama signed into law in September 2011.
The USPTO issued a statement calling the ruling, “a major step towards harmonization of the U.S. patent system with those of the United States’ major trading partners, allowing greater consistency in the prosecution and enforcement of U.S. patents. The AIA also includes safeguards to ensure that only an original inventor or his assignee may be awarded a patent under the first-inventor-to-file system.”
What does the “first-inventor-to-file” provision ruling mean? The best advice for those who want to protect intellectual property will come from a patent attorney. Stanford is among many institutions hosting educational sessions on “first inventor to file” patent systems to help researchers at Stanford understand the new law. The university's Dean of Research office is sponsoring educational sessions conducted by intellectual property law attorneys on campus.
According to Stanford’s announcement:
Under the new law, if two people separately apply for patents on the same invention, the patent will go to the inventor who filed a patent application first—assuming that each inventor invented independently.
Currently, the U.S. patent system has a "first-to-invent" standard; that is, the party that can prove it was the first to create an invention gets the patent rights.
According to the Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea:
Migration to a first-inventor-to-file system will bring greater transparency, objectivity, predictability, and simplicity to patentability determinations and is another step towards harmonizing U.S. patent law with that of other industrialized countries.
The USPTO published the final rules and guidance for implementing the first-inventor-to-file provision and will provide more information on the first-inventor-to-file final rules and examination guidelines at a public training session to be held on Friday, March 8, 2013, at the USPTO’s headquarters in Alexandria, Virginia. The training session will be webcast with details available on the AIA microsite at www.uspto.gov/AmericaInventsAct.
Do you have a big idea you will be rushing to file on March 16, 2013?
