America Invents Act Final Rules: First-Inventor-to-File

Under the America Invents Act (AIA), one of the most historic changes is the conversion of the U.S. patent system from a "first-to-invent" to a "first-inventor-to-file" system. On February 14, 2013, the U.S. Patent and Trademark Office (USPTO) issued final rules governing the "first-inventor-to-file" (FITF) provisions enacted by Section 3 of the AIA. Concurrently, the USPTO published Examination Guidelines for Implementing the First Inventor to File Provisions of AIA (Examination Guidelines). The FITF final rules become effective on March 16, 2013.

Some of the patent law changes under Section 3 of the AIA include, for instance:

• Public uses, sales, offers for sale, etc., no longer have geographic limitations; instead, these activities occurring anywhere in the world may constitute prior art.