The U.S. is on the verge of the largest shift the patent system has seen in decades as President Barack Obama prepares to sign a bill that will transform the process from a first-to-invent system to a first-to-file system.
The "America Invents Act," six years in the making, passed the Senate last week in a sweeping 89 to 9 vote accepting the bill, having won House approval in a similarly large landslide in March.
While a first-to-file patent system, about to become the law of the land as President Barack Obama prepares to sign the American Invents Act into law, favors those with the funds and human resources to devote to building a patent portfolio, early stage companies need not be left in the dust.
The best strategy, for large companies as well as start-ups, is to file early and file often, and to pay attention to details that may help defend against challengers.
Or pick from other segments of the interview:
- Main page: Patent attorney David Dykeman breaks down the America Invents Act
- Background on the America Invents Act
- Winners and losers under patent reform
- Pitfalls and windfalls under patent reform
- “File early, file often”
- The post-grant challenge period
- Patent trolls and infringement lawsuits under patent reform
- The Supreme Court’s hand in shaping patent law
- In-house initiatives at the U.S. Patent & Trademark Office
- Meet David Dykeman