How does the first-to-file system affect design patent applications?
The first-to-file system, implemented by the America Invents Act (AIA), affects design patent applications in several ways:
- Priority is given to the first inventor to file a patent application, regardless of the date of invention.
- It eliminates interference proceedings for design patents filed on or after March 16, 2013.
- It introduces derivation proceedings to determine if the first filer derived the invention from another inventor.
As noted in MPEP 1504.20: “The AIA first-inventor-to-file provisions apply to any application for patent, and to any patent issuing thereon, that contains or contained at any time a claim to a claimed invention that has an effective filing date that is on or after March 16, 2013.”
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