The Third Wave Of Changes Under The America Invents Act

The changes to the United States patent system brought about by the America Invents Act (AIA) are numerous and significant. Perhaps the most significant changes will begin on March 16, 2013. On this date, a principle distinguishing aspect of patent law in the United States will be replaced. Patents based on applications filed on or after March 16th will be awarded to those inventors who are the first-to-file, rather than first to invent. This affects not only the determination of priority for competing inventions (i.e., who wins the patent right when two or more inventors claim the same invention), but also the prior art applicable against claims of patents and patent applications. As a result, an invention that could be patented under the current law may be unpatentable if filed on or after March 16th.