Preparing for the Final Phase of the America Invents Act Going Into Effect March 16, 2013

The final phase of the America Invents Act (AIA) takes effect on March 16, 2013. This means that any patent application filed in the U.S. on or after that date, which, at any time during its pendency, contains a claim that is not fully supported in an application filed before March 16, 2013, will be subject to the new first-inventor-to-file rules under the AIA. As a result of this imminent change in U.S. patent law, it is recommended that companies consider including the following options:

1. If you have any disclosures or any new continuing applications that you are considering filing, and you believe such disclosures or continuing applications might benefit from the current (first-to-invent) regime as opposed to the new (first-inventor to-file) regime, it is recommended that you provide those to your prosecution counsel as soon as possible with instructions to file those applications before March 16, 2013.

Please see full alert below for more information.

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