Implementation of the “first-to-file” provisions of the Leahy-Smith America Invents Act (AIA) took a step forward yesterday when the United States Patent and Trademark Office (USPTO) published proposed rules and proposed examination guidelines for the first-inventor to-file provision of the AIA. Both are open for comment until October 5, 2012. The final versions will go into effect on March 16, 2013, and will apply to all patent applications with an effective filing date of March 16, 2013, or later.

OVERVIEW

The AIA was enacted on September 16, 2011, and although signed into law on that date, numerous provisions of the AIA required rulemaking by the USPTO before they could be effective. Prior Morrison & Foerster client alerts on the AIA and a chart of effective dates of the various provisions of the AIA can be found in our Patent Reform Resource Center.