Does First-To-Publish Trump First-To-File?

Law360, New York (October 7, 2011, 1:01 PM EDT) -- The Leahy-Smith America Invents Act (“AIA”) is touted as transforming the U.S. patent system from a “first-to-invent” to a “first-to-file” regime in line with patent systems in many other countries. But a series of “exceptions” in the new patent law allow for pre-filing disclosures of the invention unlike any other system in the world.


Under a true “first-to-file” system, the first inventor to file a patent application will be entitled to priority over all latecomers, regardless of whether that inventor was the first to invent.

Section 102(a), as amended by the AIA, implements the “first-to-file” concept in the United States...

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