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May 21, 2013

USPTO Issues Final Rules and Guidelines Governing First-Inventor-to-File Provision

Vedder Price
Thomas J. Kowalski
Deborah L. Lu
Vedder Price
Friday, March 8, 2013
Administrative & Regulatory / Intellectual Property
All Federal
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On February 14, the U.S. Patent and Trademark Office (USPTO) released its final rules and guidelines implementing the first-inventor-to-file provision of the AIA, available for download here.

The AIA switches the U.S. patent system from a “first-to-invent” to a “first-inventor-to-file” system, eliminates interference proceedings and develops post-grant opposition – all of which represent the most significant change to the U.S. patent system since 1952.  Earlier this month, Vedder Price’s Intellectual Property group analyzed those changes, in a bulletin titled “Top Ten Changes Under the America Invents Act.”

Due to the scope of AIA-related changes, experts, courts, inventors and corporations alike will surely wrestle for years with the mechanics of the implementation, set to begin on March 16, 2013.

© 2013 Vedder Price

About the Author

Thomas J. Kowalski
Shareholder

Thomas J. Kowalski is a shareholder in the New York office of Vedder Price P.C. and a member of the firm’s Intellectual Property Group.  Mr. Kowalski has been in practice for over 20 years.  His practice includes biotech, chemical and medical apparatus litigation, patent prosecution, licensing and counseling.

tkowalski@vedderprice.com
212-407-7640
www.vedderprice.com

About the Author

Deborah L. Lu
Shareholder

Deborah L. Lu, Ph.D. is a shareholder in the New York office of Vedder Price P.C. and a member of the firm’s Intellectual Property Group.

Dr. Lu obtains and evaluates intellectual property protection, manages complex patent portfolios and counsels clients regarding validity, freedom-to-operate and patentability in biotechnology and pharmaceuticals.  In particular, she prepares and prosecutes patent applications. She is involved in both ex parte and inter partes reexaminations and interferences.  Dr. Lu enforces patents in the United States and throughout the...

dlu@vedderprice.com
212-407-7642
www.vedderprice.com

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