What We've Learned From The 1st Year Of 1st-To-File

Law360, New York (March 14, 2014, 12:37 PM EDT) -- It is the anniversary of the first-inventor-to-file (FITF) patent system, which was implemented in the United States on March 16, 2013, under the Leahy-Smith America Invents Act. The FITF patent system awards a patent to the first inventor to file a patent application.[1] The FITF patent system replaced the prior first-to-invent (FTI) patent system and eliminated the associated procedural hurdles and evidentiary burdens of establishing prior invention.[2] As expected, under the FITF patent system, applicants have endeavored to file applications quickly to secure an early filing date.

Currently, practitioners are in a transitional period practicing under both FITF and FTI patent...

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