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First-To-File Patent Law Is Now In Effect, But What Does it Mean?
Date:3/18/2013

Philadelphia, PA (PRWEB) March 18, 2013

Wysebridge Patent Bar Review, an online educational company that assists lawyers and other individuals pass the Patent Bar Exam (the exam required to become registered before the Patent Trademark Office), discusses the importance of understanding what this change to the patent system means. The transition of Patent Law in the US from a "first-to-invent" system, to a "first-to-file" system, affects many, including inventors, companies, and even those studying patent law, as many of the rules and regulations once in effect are now obsolete. These changes are a result of the passage of the America Invents Act (AIA) in 2011. Briefly, what are these changes?

FIRST-TO-INVENT
To understand what "first to file" means and why it's so radically different, it's necessary to understand the prior "first to invent" system. This system, by the way, has been in place for ~200 years.

In a quick summary, with first to invent, a patent will be awarded to the inventor who was the first to actually invent said invention, and has documented evidence (due diligence, reduction to practice, notes, etc), even if the inventor filed for a patent after another party.
An example can help illustrate this:

--> Inventor Claude invents a toothbrush, documents his invention, works on it...but does not file an application
--> 2 months later, Inventor Jerry invents the same toothbrush, and files a patent application
--> One month later, Claude files an application for his invention.

In this case, under the First to Invent system, with due process (Claude submitting his diligence, efforts, documentation), Claude would be awarded the paten
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