From March 16, 2013, it's a race to the USPTO.
On March 16, 2013, AIA changes the “first-to-
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(
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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