The United States has a modified first-to-invent to a first-to-file patent system. Unlike a true first-to-file system, the modified first-to-file system of the United States only requires relative novelty, not absolute novelty. What is a first-to-file patent system? Under a first inventor to file rule, the first inventor to file a patent application with the patent office is … [Read more...]
First to file
The first to file rule dictates the inventor who first filed a patent application on the invention with the USPTO will be awarded the patent. Browse related articles below.
What is a priority date?
A priority date is the earliest date on which an inventor can establish a date of invention. The inventor with the earlier priority date is awarded the patent. Typically, the priority date of a patent application is its filing date. If the patent application claims priority over other earlier filed patent applications, the priority date is the earliest filed provisional, … [Read more...]
File a patent application before telling others about the invention
Inventors often ask if they can tell others about the invention before filing a patent application. They want to get feedback from others (i.e., friends, investors, licensees, customers) to see if their is good enough to warrant the high cost to hire a patent attorney. After all, if no one willing buy the product, then why waste money on legal fees. I would feel the same way … [Read more...]
Pitfalls of one year grace period under the FITF rules
Under current U.S. patent laws, the first inventor to file (FITF) a patent application on an invention is awarded the patent. This means that if two individuals separately file patent applications on the same idea, then the person who first filed its patent application in the U.S. Patent Office will be awarded the patent. The Patent Office merely looks to the filing dates of … [Read more...]
Be wary of marketing invention before filing a patent application
Entrepreneurs typically undertake a number of efforts in order to sell a product. They demonstrate their products to the public and one-on-one to buyers. They may engage in cold calls to set up customer meetings, place informational content on a website to provide more information about the product and attach files to e-mails. These efforts can be broadly categorized as a … [Read more...]
Dangers of 1 yr grace period under first-inventor-to-file system
In 2013, the United States transitioned from a first-to-invent system to a first-inventor-to-file system under the America Invents Act. A basic difference in the two systems is that the first-to-invent system focuses on the inventor’s date of conception, whereas the first-inventor-to-file system primarily relies on the filing date of the patent application to determine who is … [Read more...]
Junior filer wins patent under first to invent but not first to file
Sanofi v. Pfizer (Fed. Cir. November 5, 2013) illustrates one situation in which the older, pre-America Invents Act (AIA), first-to-invent rules benefited a junior filer, and the patent was awarded to the junior filer. Under the current first inventor to file rule, the senior filer would have been awarded the patent. In this case, Sanofi first filed a patent application on … [Read more...]
New Patent Laws (AIA) have been bad for start-ups
New Patent Laws (AIA) have been bad for independent inventors and start-ups The America Invents Act (AIA) signed by President Obama in my opinion is not better for independent inventors. Here’s why. Under the America Invents Act, the U.S. patent system switched from a first-to-invent rule to a first-to-file rule. Under the first to invent rule, the person who first … [Read more...]