Edited by Rory P.
Pheiffer.
"First Inventor to File" Provisions of the America
Invents Act (AIA) Take Effect March 16, 2013 – What Should
You Be Doing to Prepare?
The provisions of the America Invents Act (AIA) that switch the
United States patent system from a "first to invent"
system to a "first inventor to file" system take effect
on March 16, 2013. These provisions will have a number of
significant effects on patent applications filed on or after March
16, 2013. For example, the new provisions will eliminate the
ability to claim priority based on the date of invention, enlarge
the scope of available prior art, and subject any subsequently
issued patent to new post-grant review procedures. Accordingly, it
may be advantageous for practitioners and applicants to consider
fast-tracking the preparation and filing of important patent
applications, as well as the conversion of pending provisional
applications to full utility applications, to beat the March 16,
2013