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ARTICLE · 21 JANUARY 2013

IP Bulletin, January 2013

Nutter's periodic IP news update and practical tips.

United StatesIntellectual Property

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

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