The Race is On: Important USPTO Patent Law Changes Coming March 16

Posted by Michele Nichols on Tue, Feb 19, 2013

USPTO law changesWhat'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:

New Patent Law: End of Entrepreneurship?

Untangling The Real Meaning Of "First-To-File" Patents

Leahy-Smith America Invents Act: wikipedia

Your circumstances are unique and confidentiality is our top concern, so if you have specific questions on filing for your invention, please call us.

Topics: Patents, Product Launch