Under the America Invents Act (“AIA”), the first-to-file a patent application on an invention is awarded the patent. Under a true first-to-file system like in Europe, the rules require that there be no public disclosure until after the patent application is filed. This is known as absolute novelty. The AIA brings the United States closer [...]

On March 16, 2013, the United States will transition from a first to invent system to a first to file system under the America Invents Act (“AIA”). In my opinion, it is more advantageous to have a patent application governed by the first to invent system than the first to file system even though the first to invent system for the most part behaves like a first to file system. What I mean is …

The USPTO has released the final rules to implement the provisions of the America Invents Act effective September 16, 2012. The final rules relate to: Preissuance Submission: Mechanism by which the public can block issuance of a patent. Inventor’s Oath/Declaration requirements: Relaxes the requirements so that it is easier to resolve issues related to uncooperative [...]

Under the first inventor to file system, the inventor that wins the race to the patent office is awarded the patent and any public disclosure by the inventor before filing a patent application bars the inventor from seeking patent protection except under two very important exceptions.