Recently, the USPTO published the newest rule to be implemented under the America Invents Act, a bill signed into law last September with the purpose of creating a more efficient and streamlined patent system. The new derivation proceeding ensures that the first person to file a patent application is the true inventor. This action follows a number of developments recently released by the Office in preparation for the AIA’s enactment on March 16th, 2013.
“Our historic shift to a first-inventor-to-file system reduces legal costs, improves transparency, and allows us to harmonize our patent system with the rest of the world, all of which will help U.S. innovators and strengthen our economy,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos.
Unlike the current “first-to-file” system, this new proceeding gives the inventor the opportunity to challenge an applicant’s claim to an invention by demonstrating that it is, in fact, his/her own.The USPTO is accepting comments on each of the proposed rules being integrated into the current patent system, and modifications are expected to be made leading up to the final enactment.
For more information on the America Invents Act and its associated provisions, check out the AIA Blog here. You can also check out the articles our Senior Patent Attorney Jeff Shieh has authored on the AIA on our press room page.