Posted On: March 18, 2013 by Karen Olson

Patents Expert Witnesses & "First To File"

Patents expert witnesses may consult on software patents, invention patents, and international patents, as well as related issues. The Leahy-Smith America Invents Act (AIA) went into effect March 16, 2013. Patent applications will be judged by “first to file” replacing “first to invent.” The USPTO Release 13-10 USPTO Publishes Final Rules and Guidelines Governing First-Inventor-to-File states:

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today published final rules of practice implementing the first-inventor-to-file provision of the Leahy-Smith America Invents Act (AIA). The provision, one of the hallmarks of the AIA, is a major step towards harmonization of the U.S. patent system with those of the United States’ major trading partners, allowing greater consistency in the prosecution and enforcement of U.S. patents. The AIA also includes safeguards to ensure that only an original inventor or his assignee may be awarded a patent under the first-inventor-to-file system. The first-inventor-to-file provision of the AIA goes into effect on March 16, 2013, and represents the final implementation of the changes mandated by the AIA.