Race Is On To Apply For Patents Before 1st-To-File

Law360, New York (January 17, 2013, 9:09 PM EST) -- With weeks to go before the U.S. switches from a first-to-invent to a first-to-file patent system, attorneys say the message for inventors is clear: If you want the best possible protection for your invention, file your patent application now.

Once the new system mandated by the America Invents Act takes effect on March 16, inventors will no longer be able to rely on the date they came up with invention to defeat prior art, and the number of things that are considered prior art under the law will expand dramatically.

The combination of those two changes means that “it will be...

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