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    IP Law Daily, INDUSTRY PERSPECTIVE: Understanding the New First-Inventor-to File System of the American Invents Act, (Mar 14, 2013)

    On March 16, 2013, the United States patent system will take the major step of transitioning from a “first-to-invent” to a “first-inventor-to file” system. This change is one of the hallmarks of the Leahy-Smith America Inv ...

    On March 16, 2013, the United States patent system will take the major step of transitioning from a “first-to-invent” to a “first-inventor-to file” system. This change is one of the hallmarks of the Leahy-Smith America Invents Act (AIA) and brings the U.S. patent system towards closer harmonization with the patent systems of the United States’ major trading partners.

    To help applicants and practitioners gain a better understanding of the new “first-inventor-to file” regime and its real-world applications, IP Law Daily is providing a commentary written by Michael Stein, a partner in the Seattle office of Woodcock Washburn.

    This article considers the language and structure of the AIA and examines the logical implications of the new statutory scheme by testing it against a number of hypothetical scenarios likely to be encountered in practice. The article (“Understanding the New First-Inventor-to-File System of the AIA”) appears here. It originally was published in IP Litgator, a bimonthly journal from Aspen Publishers, Wolters Kluwer Law & Business.

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