File Your US Patent Applications Before March 16, 2013

PRLog (Press Release) - Feb. 7, 2013 - The America Invents Act (AIA) introduced various changes to the U.S. patent system with some important changes taking effect from March 16, 2013. These changes provide many reasons to file a patent application prior to this date. Some of those reasons are:

From March 16, 2013, it's a race to the USPTO.

On March 16, 2013, AIA changes the “first-to-invent” rule to “first-to-file” under which an inventor will not be entitled for patent protection if the subject matter of their application is disclosed in an earlier filed patent application of another inventor. Moreover, an inventor who files a patent application prior to March 16, 2103 can rely on the date they made their invention, rather than the actual filing date.

Applications filed before March 16, 2013 can form the basis for filing continuation applications even after March 16, 2013.

A patent application filed before March 16, 2013 can be used as a parent application / priority application for filing continuation applications after March 16, 2013. The continuation application(s) will be examined under the “first-to-invent” and pre-AIA rules.

Patents issued on applications filed after March 16, 2013 are open for post-grant review.

The AIA introduced post-grant review which allows anyone from the public to challenge the validity of a granted patent issued based on patent application filed on or after March 16, 2013 within a 9 month window from patent grant. A number of companies will surely use this to challenge their competitor’s patents.

Irrespective of any of the above, it's always a good idea to file your patent application sooner rather than later.

Let us know if we can help you to expedite any planned patent filings.

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