Intellectual Property – AIA
Series
The Leahy-Smith America Invents Act of 2011 (AIA) extensively
reforms U.S. patent law. Perhaps the AIA's most publicized
reform is the change of the U.S. first-to-invent system to a
first-to-file (i.e., first-inventor-to-file) system. First-to-file
becomes effective March 16, 2013, but good reason exists to
consider planning for this change now.
According to the AIA, a patent application filed with at least
one claim having an effective filing date on or after March 16,
2013, will fall under first-to-file provisions, while applications
having an effective filing date (for all claims) prior to March 16,
2013, will fall under the present, first-to-invent provisions.
There will exist a lengthy transition period, where either
first-to-invent or first-to-file could apply, as continuing
applications based on pre-AIA parent applications will continue to
be filed.
