The Myth Of First-To-File: AIA's First-To-Disclose System
November 2, 2011, 12:45 PM EDT
Law360, New York (November 2, 2011, 12:45 PM EDT) -- Section 3 of the Smith-Leahy America Invents Act (“AIA”), entitled “First Inventor to File,” has generated a tremendous amount of controversy. While many view a first-to-file system as a step toward harmonization of U.S. patent laws with those of other countries, others have voiced concern over the resulting “race to the patent office.”
However, neither position is entirely correct. The AIA does not promote harmonization by creating a first-to-file system. Nor will it necessarily lead to a race to the patent office. Instead, the legislation creates...