USPTO Issues Rules Implementing America Invents Act


On August 14, 2012, the U.S. Patent and Trademark Office issued rules implementing various provisions of the Leahy-Smith America Invents Act (AIA). The following articles outline the finalized and proposed rules and how the changes will affect your organization.

First Inventor to file -

The U.S. Patent and Trademark Office has issued proposed rules to implement the “first-to-file” provisions of the AIA. The rules are open for comment until October 5, 2012. The first-to-file system goes into effect on March 16, 2013. All patent applications with an effective filing date of March 16, 2013 or later will be subject to the first-to-file rules. The first-to-file system grants patent rights to the first inventor to file a patent application regardless of who was the first to invent. Current interference practice will be eliminated for all patent applications subject to the first to file system.The rules are the last steps in the conversion of the U.S. patent laws from a first-to-invent system to a first-to-file system. This change continues the process of harmonizing the U.S. patent laws with the rest of the world.

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