It's the Law

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1 December 2011

Considerations in View of the New US First-Inventor-to-File Patent System

By Shahnam Sharareh, PharmD, RAC, and Sarah Klosek, MS

The US patent system has a rendezvous with change. On 16 March 2013, it will officially change from a first-to-invent to a first-inventor-to-file system as authorized by the Leahy-Smith America Invents Act.

Under the current first-to-invent system, a patent is awarded to the inventive entity that invents first. In contrast, under a first-inventor-to-file system, a patent is awarded to the inventive entity that is the first one to file a patent application on its own invention.

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