Patent Strategy In Light Of Transition To First-To-File

Law360, New York (January 18, 2013, 12:35 PM EST) -- Potential patent owners need to prepare for upcoming changes to the U.S. patent laws. Although the America Invents Act was signed into law on Sept. 16, 2011, some of its changes are being phased in now. One provision that will become effective on March 16, 2013, redefines what is prior art. These changes require careful consideration before they go into effect in the near future.

Currently, Section 102 of 35 U.S.C. defines prior art in seven somewhat complex paragraphs that have evolved since 1952. At its...
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