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13 Feb 2013
United States switches from first-to-invent to first-inventor-to-file system in 2013
The Leahy-Smith America Invents Act (AIA), the most comprehensive review of American Patent Law since the 1950s, was passed into law in September 2011. Changes include switching from a ‘first-to-invent’ to a ‘first-inventor-to-file’ system, increased recognition of prior art from outside the United States, and the introduction of ‘prior user rights’. The first-inventor-to-file system comes into effect on 16 March 2013, bringing the United States more closely into alignment with the rest of the world, including New Zealand. On 26 July 2012 the United States Patent and Trademarks Office (USPTO) released proposed rules and guidelines for dealing with these changes, some of which are outlined below.
