Coping With The New First-Inventor-to-File Prior Art Law: What Patent Prosecutors Need to Know and Do Before and After the Effective Date
This program provided patent prosecutors with practical tips and strategies to file and prosecute patent applications in light of the imminent new definition of prior art under the LEAHY-SMITH AMERICA INVENTS ACT (AIA), enacted on September 16, 2011, and soon to be effective.
Many inventions that are patentable today will irrevocably become unpatentable in a patent application filed on or after March 16, 2013, and vice versa for a few inventions. You will need to determine which inventions are among the many and which are among the few, and take the appropriate actions to avoid traps and meet deadlines. Additionally, how you prosecute a patent application filed under pre-AIA law will determine whether you will irrevocably lose its pre-AIA status. This easily could happen without your knowledge, only to be discovered after the patent issues and is involved in litigation.
Ed Manzo reviewed the first-inventor-to-file prior art provisions of the AIA, as well as explaining its complicated effective-date provisions.
Joe Hetz explained what steps should be taken before March 16, 2013, when the "first-inventor-to-file" law takes effect.
John Paniaguas provided practical tips for dealing with the America Invents Act after March 16, 2013.
George Wheeler explained a specific strategy sometimes allowing access to the preexisting “first-to-invent” law for many years after the “first-inventor-to-file” law takes effect.