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CHANGE TO FIRST TO FILE


New 35 USC § 102 – FIRST TO FILE:

Under the Leahy-Smith America Invents Act, the U.S. patent system will be changing to a “first to file” system. This change takes place on March 16th, 2013 and will impact you. In addition to being the first to invent, you must also be the first to file a patent application or you will not be able to obtain a patent. Both a provisional and nonprovisional patent are considered filings for purposes of securing rights to your invention. Timing is imperative as a result of these changes and you should attempt to have a patent filed as soon as possible. As a consequence of these changes, another person may file for a patent on your invention or an invention similar thereto and prevent you from ever obtaining a patent – this is true regardless of whether you were the first to invent. All patents filed on or after March 16th, 2013 are subject to these new laws

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