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First to File, Not First to Invent – That’s The Law

Posted in Intellectual Property, and Patents

In the spring of 2013, the United State changed its Patent Law to become more aligned with the Patent Acquisition Laws of the rest of the world.  

The United States now has a First to File Law, which replaced the old First to Invent Law.  Under First to File, time is of the essence, and it is the first entity to file a patent application on an invention that is entitled to the grant of a United States Patent, rather than a different entity that may have actually invented the technology earlier.  Thus, inventors who delay in filing their patent application in order to perfect the invention, in order to commercially test the market, or for any other reason risk the complete loss of potential patent rights by not filing their patent application as soon as possible.  

Contact us for advice on how to avoid common errors associated with protecting inventions, and make the U.S. Patent Laws work for you.