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.
The first-to-file system poses new challenges for small companies and start-ups without the financial and human resources to win a race to the patent office.
Switching to a first-to-file system may mean that companies without deep pockets will have to take a more defensive approach, filing patents earlier than they would like to ensure that they aren’t beaten to the punch.
Click here to learn more about who wins and who loses with the America Invents Act in MassDevice’s podcast interview with patent attorney David Dykeman.
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