U.S. Patent Law Just Changed. Here’s What You Need to Know—RocketLawyer, Forbes, CNN Money

U.S. Patent Law Changes from “First to Invent” to “First to File” Standard.  Plus:  New Discount on Filing Fees for Small Businesses and Inventors  

This spring, patent law in the United States moved from a first-to-invent to a first-to-file system. The new law—called the America Invents Act (AIA)—puts the U.S. in harmony with most patent systems around the world, but it’s also a big change for inventors and other patent holders. You may have heard about the law before:  It passed last fall.  But it only went into effect in March.   Here’s RocketLawyer on the new set of rules now in effect:

In the past, if you could prove you were the first person with a “new and useful” invention, you’d be able to get the patent on it, even if you were a little slow in filing your paperwork. Not anymore. Now, the patent goes to the first person who files.

Obviously, this change mean that filing early can be the difference between owning your great idea and someone else getting the jump on it. So if you’ve got a great idea, act on it by filing a provisional patent.

Not doing so could end up costing you.

The RocketLawyer piece also explains the benefits of new lower filing fees for small businesses, which is also part of the new law.  When the law first passed last fall, Robert Jordan at Forbes asked:  “The New Patent Law:  End of Entrepreneurship?”   Here’s an excerpt:

The new patent law put into place by the America Invents Act on September 16, 2011, goes into effect Spring 2013. This marks a fundamental change in US patent protection, moving away from the current first-to-invent rule to the international standard, first-to-file.

‘Effectively, this creates a race to the patent office,’ according to Patrick Richards of Richards Patent Law PC. ‘In a race of established, well-funded businesses with defined intellectual property protection strategies (and patent attorneys in-house or working closely with the business) versus entrepreneurs that may not have any experience with the patent system and the funds to pursue robust patent strategies, the advantage clearly goes to the businesses,’ Richards said.

Although some aspects of the change are positive, including a reduced fee structure, the entrepreneur, who above all wants to ‘gain more certainty about their business plan at an early stage.’ is likely to find the changes a net negative, Richards said.

 

A new patent law changes the U.S.’ national model from a “first to invent” to a “first to file” model

 see also:

Filing for a Patent – New Rules to Know  —CNN Money