Abstract
AbstractBy the Leahy-Smith America Invents Act (AIA), the U.S. patent system is experiencing the most significant reform since the U.S. Patent Act was enacted some 60 years ago. This article focuses on one aspect of the AIA that has perhaps triggered the biggest debate, namely the conversion under the U.S. Patent laws from a “first-to-invent” system to a “first-inventor-to-file” system. The change to the first-inventor-to file system has broad implications to all entities filing patents in the U.S. Under the new first-inventor-to-file system, the emphasis is now on filing patent applications in the U.S. Patent Office even more quickly than before. Thus, a strategy to file early and often (including using provisional applications) will generally better protect against a later inventor winning the race to the U.S. Patent Office.
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