Changes To Implement the AIA's First Inventor To File Provisions

On Feb. 14, 2013 the Federal Register issued a final rule about changes necessary to implement the first to file provision of the Leahy-Smith America Invents Act. To see the complete text of this rule, access http://www.gpo.gov/fdsys/pkg/FR-2013-02-14/html/2013-03453.htm. A summary follows.

SUMMARY: The Leahy-Smith America Invents Act (AIA) amends the patent laws pertaining to the conditions of patentability to convert the U.S. patent system from a ``first to invent'' system to a ``first inventor to file'' system; treats U.S. patents and U.S. patent application publications as prior art as of their earliest effective U.S., foreign, or international filing date; eliminates the requirement that a prior public use or sale be ``in this country'' to be a prior art activity; and treats commonly owned or joint research agreement patents and patent application publications as being by the same inventive entity for purposes of novelty, as well as nonobviousness. The AIA also repeals the provisions pertaining to statutory invention registrations.The United States Patent and Trademark Office (Office or USPTO) is revising the rules of practice in patent cases for consistency with, and to address the examination issues raised by, the changes in section3 of the AIA.

DATES: Effective date: The changes in this final rule are effective on March 16, 2013.