What's the impact of Leahy-Smith America Invents Act on the Patent Filing Process?
The most talked-about change to US patent law in decades, the America Invents Act, is coming next month, and is spurring a flurry of last minute activity. The coming change to first-to-file brings us to equal footing with the rest of the world, where for years, under the first-to-invent law, large American companies for sure had an advantage.
We believe that for many small companies who would struggle with the resources to defend a case, the true impact of the change is minimal. It can make all the difference, though, in high activity areas of innovation.
Under the first-to-invent law today, a company can swear behind a reference, for example, prove it's your invention by using a dated notebook as evidence, even if a publication exists prior to filing.
Those who file by March 16 will be held to this law. After March 16, a lot of new artwork will be available, increasing the 'competition' for your patent.
While the law is a complex animal that can't be given justice in a couple paragraph blog post, lots of great references exist:
Your circumstances are unique and confidentiality is our top concern, so if you have specific questions on filing for your invention, please call us.