What is the significance of the “first inventor to file” system under the AIA?
The “first inventor to file” (FITF) system is a fundamental change introduced by the AIA. The MPEP section 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). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions…]”
Under the FITF system, the first inventor to file a patent application for an invention is entitled to the patent, regardless of who invented it first. This system encourages prompt filing of patent applications and aligns U.S. patent law more closely with international practices. It also impacts how prior art is determined and applied in patent examinations.
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