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ARTICLE · 20 AUGUST 2012

USPTO Issues Proposed Rules: First Inventor To File

Venable LLP
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On August 14, 2012, the USPTO issued proposed rules to implement the "first-to-file" provisions of the AIA.

United StatesIntellectual Property
Jeffri Kaminski
Jeffri Kaminski

First Inventor to File

On August 14, 2012, the USPTO issued proposed rules to implement the "first-to-file" provisions of the AIA. The rules are open for comment until October 5, 2012.The first-to-file system goes into effect on March 16, 2013. All patent applications with an effective filing date of March 16, 2013 or later will be subject to the first-to-file rules. The first-to-file system grants patent rights to the first-inventor-to-file a patent application regardless of who was the first to invent.  Current interference practice will be eliminated for all patent applications subject to the first–to-file system. The rules are the last steps in the conversion of the U.S. patent laws from a first-to-invent system to a first-to-file system. This change continues the process of harmonizing the U.S. patent laws with the rest of the world.

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