Patent Update: First-Inventor-To-File Transition
Beginning on March 16, 2013, under the America Invents Act (AIA) a patent will be awarded to the first inventor to file a patent application directed to an invention. This change will apply to new patent applications that claim subject matter added on or after March 16, 2013. A significant change accompanying the first-inventor-to-file law is a new definition of the term "prior art". Depending on the circumstances surrounding an invention, the present first-to-invent law may offer advantages to patent applicants.
This patent update examines the new definition of prior art under the AIA and presents some considerations regarding patent application filing strategy.
