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Intellectual Property

Feb. 28, 2013

AIA's 'first to file' patent system looms on the horizon

The first inventor to file system comes into effect March 16, bringing the U.S. more closely aligned with the rest of the world.

John F. Stephens

Goldberg Segalla LLP

Email: jstephens@goldbergsegalla.com

The Leahy-Smith America Invents Act (AIA), the most comprehensive review of American patent law since the 1950s, was passed into law in September 2011. Changes include switching from a "first to invent" to a "first inventor to file" system, increased recognition of prior art from outside the U.S., and the introduction of "prior user rights."

The first inventor to file system comes into effect March 16, bringing the U.S. more closely aligned with the rest of the world. In effect, ...

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