First-to-File US Patent Legislation One Step Closer to Becoming Reality

The US House of Representatives recently passed the America Invents Act, which proposes America transition from a first-to-invent patent system to a first-to-file system.  Currently, under the first-to-invent system, an inventor can claim the right to a US patent if he/she can prove they were the first to invent.  The surest proof has long been a filed patent application, but other kinds of proof are acceptable - dated journals, photographs, letters, videos, etc. can be used to substantiate a claim of inventorship as of a certain date. Under first-to-file, the only thing that matters is the filing date of the patent application.

A similar bill passed in March through the US Senate.  The two bills will now be reconciled before going to President Obama, who has said he will sign the bill into law.  This will bring US patent law into line with Europe and other parts of the world.

For independent inventors the new law will mean more reliance on non-disclosure agreements and the use of provisional patents.  With this new legislation, inventors will need to be more focused on properly protecting their intellectual property. 

For more on this story see more about the first-to-file system.