For patent seekers and patent attorneys alike, March 16, 2013
will be a momentous date. On that day, the U.S. transitions from
its current "first-to-invent" system to a
"first-inventor-to-file" (FITF) system. Although the FITF
system has been in place in every other country in the world for
some time, U.S. companies are rightfully concerned about how best
to prosecute patents under the new scheme.
While the new FITF system simplifies the determination of who is
entitled to a patent on an invention, the current system offers
numerous benefits to applicants for patents. One major benefit for
pre-AIA applications is the ability to swear behind a cited
reference based on the inception/conception date of the invention
claimed in the application. That ability will no longer exist once
the AIA provisions take effect. In addition, AIA provisions have
expanded the scope of available prior art that can be used to
reject patent applications. Thus, certain related art may not
