America Invents Act Final Implementation: From First-To-Invent To First-To-File

The America Invents Act ("AIA"), which went into effect September 16, 2011, introduces some of the most significant changes to the U.S. patent system since the first U.S. patent was issued in 1790. Under the AIA's rolling implementation, we've already seen new law go into effect repealing the "Best Mode" defense, changing the nature of "false patent marking" claims, incentivizing "virtual patent marking," and changing the way patent grants are challenged in the U.S. Patent and Trademark Office ("USPTO"). Now, as of last week, the last of these changes have been implemented and the U.S. has officially gone from a "first to invent" to a "first to file" jurisdiction.

Historically, patent grants in the U.S. have gone to the first party to invent the claimed subject matter. No longer. Like much of the rest of the world, patent rights in the U.S. will now go to the first inventor to file an application in the USPTO for the claimed invention.