What is the First Inventor to File (FITF) provision?
The First Inventor to File (FITF) provision is a key component of the America Invents Act (AIA) that changed the U.S. patent system from a “first-to-invent” to a “first-inventor-to-file” system. This provision applies to certain patent applications filed on or after March 16, 2013. The MPEP section 2153 notes: [Editor Note: This MPEP section is…
Read MoreHow does the AIA define “effective filing date”?
The AIA provides a specific definition for the term “effective filing date” in 35 U.S.C. 100(i)(1). According to the MPEP: The AIA defines the term “effective filing date” for a claimed invention in a patent or application for patent (other than a reissue application or reissued patent) in 35 U.S.C. 100(i)(1) as meaning the earlier…
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