USPTO's 1st-To-File Rules Ease Fears About New System

Law360, New York (February 13, 2013, 9:36 PM EST) -- The U.S. Patent and Trademark Office on Wednesday unveiled final rules governing the first-to-file patent system that will go into effect in March, and attorneys say the agency has listened to criticism that patent applicants would have a tough task in defending their inventions against certain kinds of prior art under the new regime.

Under the first-to-file system, a third party's disclosure of the claimed invention one year or less before the filing date cannot be used as prior art against a patent application if the...
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