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 only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).]
To determine if an application is subject to FITF provisions, you should refer to MPEP § 2159 et seq. For applications not subject to FITF, refer to MPEP § 2131 – MPEP § 2138 for examination under pre-AIA 35 U.S.C. 102.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2153 - Prior Art Exceptions Under 35 U.S.C. 102(B)(1) To Aia 35 U.S.C. 102(A)(1),
Patent Law,
Patent Procedure