Major change to U.S. patent law goes into effect on March 16, 2013 (1st to file, not 1st to invent)
Major change to U.S. patent law goes into effect on March 16, 2013
On March 16, 2013, U.S. patent law will change from a “first-to-invent” patent system to a “first-to-file” patent system. Transitioning to a first-to-file system is intended to align the United States with all other industrialized countries. Under current U.S. law, the first person to invent and file for a patent is entitled to the patent, even if a person who invents the technology later files a patent application first. However, under the new law, the first person to file for a patent will be entitled to the patent.
Because of the potential advantages under the “first-to-invent” system, strong consideration should be given to filing patent applications before March 16, 2013. Thus, if your company or organization is contemplating filing for patent protection on an invention and would like to take advantage of the current patent law, the process should be initiated immediately, as the preparation and filing of a patent application is a time-consuming endeavor and there likely will be a spike in filings before March 16, 2013.
http://www.lexology.com/library/detail.aspx?g=90aee8ba-c881-46eb-be44-0168486f75b6
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