Act Now to Prevent a Loss of Patent Rights When the U.S. Changes to a “First-Inventor-to-File” System on March 16, 2013

One of the most significant changes of the 2011 Leahy-Smith America Invents Act (“AIA”) takes effect on March 16, 2013 when the U.S. transitions from a “First-to-Invent” patent system to a “First-Inventor-to-File” patent system.  Under the new system, a “race to the patent office” is created by generally rewarding the first inventor to file a patent application on an invention, rather than the first inventor to actually invent.  The AIA also considerably broadens the scope of available prior art that may be applied to U.S. patent applications falling under the new first-inventor-to-file system.  Further, patents issuing on any such applications may be challenged by third parties using a new opposition-like post-grant review proceeding at the U.S. Patent Office.  These and other challenges make it critical to evaluate and adapt your patent filing strategies now in order to prevent a loss of patent rights.