In September 2011, the America Invents Act (AIA) was enacted providing the first major change to U.S. Patent Law in 50 years.
A Race to the Patent Office
One of the biggest changes provided by AIA is the conversion of the United States from a first-to-invent system to a first-inventor-to-file system. The new first-inventor-to-file system creates a race to the patent office and rewards the inventor/company that is able to get his or her application filed first.
Under the old patent statute, an inventor who invented first but filed a patent application second could seek to prove up that he/she invented first to win a patent priority contest against a first filer in a procedure called an interference. Under the new patent law, the U.S. will become a first-inventor-to-file country similar to many European countries.
First-Inventor-To-File System
Under the new system, as between two inventors A and B claiming the same invention, if inventor B files a patent application before inventor A on the same invention, inventor B will receive the patent—assuming it otherwise qualified for protection—even if inventor A was the first to invent.
Inventors Only
The law still requires that anyone who files a patent application actually invent the subject matter of the application. The law provides a procedure for the first-to-invent/second-to-file inventor to challenge the application of the first-to-file/second-to-invent applicant on the basis that the first-to-file applicant derived (or “stole”) the invention from the first-to-invent/second-to-file inventor.
Therefore a copier or thief should not be able to obtain a patent, if challenged. However, like with other types of legal disputes, engaging in a dispute with a copier can be time consuming and costly. Therefore avoiding such disputes by winning the race to the patent office is the safest approach.
The first-inventor-to-file provision of the America Invents Act takes effect on March 16, 2013.