First-To-File's Potential Impact On Internal IP Policies

Law360, New York (July 12, 2010, 10:08 AM EDT) -- In light of pending patent reform, intellectual property policies may soon need to be revisited to ensure that companies retain patent rights to their inventions.

Currently, the United States is the only country that uses a first-to-invent priority system. Every other country employs a first-to-file system. There are two active bills working through Congress, however, that would transition the United States to a first-to-file system.

This transition will impact companies’ intellectual property policies although if history repeats itself, the impact will not be severe.

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