First-Inventor-to-File Regime

04 Apr First-Inventor-to-File Regime

Prepare for the First-Inventor-to-File Regime

The new First-Inventor-to-File Regime created by the America Invents Act of 2011 begins on March 16, 2013. Applications filed on March 16, 2013 or after will no longer be able to claim invention-date priority, but may be able to use it in a derivation proceeding which replaces the interference proceeding. Thus, a secret prior invention or reduction to practice by a third party will no longer be relevant to patentability. However, these applications will continue to have the one-year pre-filing grace period, and will be subject to prior user rights and post-grant review, and can be invalidated by public uses and sales of similar inventions in foreign countries. Prepare for and take advantage of this new regime:

1. Document Preparation and Filing
2. Defensive Publications
3. Pre-issuance Submissions
4. PatentWatch
5. PAIR Alerts
6. Patent Searches
7. Invalidation Searches for Post Grant and Inter Partes Reviews