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ARTICLE · 12 FEBRUARY 2013

Patent Development In The U.S. And Europe

Carter Ledyard & Milburn LLP
Carter Ledyard & Milburn LLP
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A discussion on the change in the patent filing system.

United StatesIntellectual Property
Libby Varghese
Libby Varghese
Keith Nowak
Keith Nowak

U.S. Patent System

Change in Filing System:  Beginning March 16, 2013, the first applicant to file a patent application in the U.S. Patent and Trademark Office (USPTO) will have the right to pursue patent protection on that invention. This new system is appropriately called a First-to-File system. The upcoming First-to-File system contrasts with the current one, the First-to-Invent system.  Under the current First-to-Invent system, it does not matter that the inventor did not file the application in the USPTO first; rights to pursue patent protection are given to the first inventor to conceive and reduce the invention to practice.

The move to the First-to-File system requires changes to U.S. patent laws, which until now were tailored to the current First-to-Invent system. With the First-to-File system, the scope of prior art will be expanded. After March 16, 2013, the USPTO will treat a U.S. patent or U.S. application publication reference as prior art as of its

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