By: iPadfanzz staff on March 19, 2013
The United States has moved from “First to Invent” patent system to “First to File” patent system. Much of the rest of the world, including the European Union and Canada, has already been following a first-to-file rule. The change is part of the America Invents Act and went into effect March 16, 2013.
In brief, it doesn't matter if someone thought up your idea a week before you, if you are the first person to file for a patent, it’s all yours. Before, whomever could prove that they had thought something up first could depend in legal primacy regarding intellectual property protection.
Earlier, critics complained that America’s former system led to lengthy delays in reviewing patents, and to costly litigation that smaller businesses, especially, could not afford to fight. Previously you were required to prove that you first invented the invention.
Experts say the new system ensures that it is easier to determine who gets the patent – at least theoretically. The U.S. Patent Office simply will look at who filed the patent application first.
They also say now companies will feel a new urgency to file early and often, which will work to the benefit of large corporations, and put small companies in disadvantage. Young and small businesses have fewer resources (time and money) to put toward patent applications.
Here’s what an inventor should do:
File quickly – Earlier, you might have waited until your product went to market. Now consider filing earlier. Waiting could not be a bigger financial risk.
Don’t talk about or disclose your invention – Under the new patent law, public disclosure by a third party prior to the patent application can negate the “first to file” rule. For instance, someone discussing your invention publicly could undermine your patent rights.
