Notice of Proposed Rulemaking: Implementation of First-to-File System

One of the most talked about changes brought on by the Leahy-Smith America Invents Act (AIA), is the conversion of the U.S. patent system from a “first-to-invent” system to a “first-inventor-to-file” system which will take effect March 16, 2013.  With yesterday’s Notice of Proposed Rulemaking, we got the first glimpse into what changes will need to be made to fully implement this new system.

Director David Kappos stated that “The first-inventor-to-file provision of the America Invents Act, one of its hallmarks, brings greater transparency, objectivity, predictability, and simplicity in patentability determinations.   At the same time, the provision brings the United States closer in harmonizing our patent law with those in other countries around the globe.”

Written comments are being accepted until October 5, 2012 and should be sent to or submitted via the Federal eRulemaking Portal.

For more information and to read the Federal Register Notice, visit here.

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