The third and final wave of provisions of the America Invents Act (AIA) will become effective on March 16, 2013, completing the overhaul of United States patent law that began with enactment of the AIA on September 16, 2011. These provisions will move the United States to a first-to-file system, greatly expand the definition of prior art and usher in the use of post grant review.
First-to-File
Beginning in mid-March, the United States Patent Office (Patent Office) will use a first-to-file system rather than the first-to-invent system that is currently in place. This means inventors will no longer be able to “swear behind” the date that they first conceived of their invention. Rather, priority will be determined by the patent application’s effective filing date — the date the application was filed or the filing date of the earliest application for which the application can claim priority. As a result, once the AIA takes full effect on March 16, 2013, speed to the Patent Office will be paramount, and clients will likely need to file patent applications earlier and may need to file follow-on applications more often than their current procedures require.
To read the full, original article click on this link: Understanding changes to the America Invents Act that go into effect today | MedCity News
