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Congress Digs Grave for First-to-Invent Patent System - Is It Shovel Ready?
Sept. 26, 2011
By: David J. Hill, Paul S. Weidlich
On September 16, 2011, the President signed the Leahy-Smith America Invents Act, which substantially changes U.S. patent law for the first time since 1952. Under the Act, the U.S. patent system converts from a first-to-invent to a first-to-file system, and the U.S. Patent and Trademark Office ("USPTO") may increase patent-related fees by 15%, effective 10 days after signature by the President, or effective on September 26, 2011. Most other changes will take effect on March 16, 2013. We have outlined below some of the most important changes.