Researchers and inventors with an aim to file their patent in the US should keep an an eye on developments associated with the recently passed America Invents Act. Signed into law in 2011, the act switches the US patent system from a “first to invent” to a “first inventor to file” system, and this brings the US market into better harmony with the patent laws of other countries, most of which, like Australia, operate on the “first-to-file” system.
An interesting read is a report submitted to Congress by the United States Patent Office (USPTO) supporting the prior user rights defense in light of the first-inventor-to-file system. Under the new Act, prior user rights are granted to those who use an invention as part of a manufacturing or other commercial activity more than one year before an invention is first publicly disclosed or applied. This provision was added to counter concerns that the move to a first-inventor-to-file system eliminated the ability for prior users to defend themselves if they had been using an invention prior to it being officially filed as a patent. This resulted in claims that prior user rights stifled innovation.
Overall, the USPTO appears to be in support of the new legislation, and will defer further opinion until 2015 when the effect may be better assessed.
UWS inventors with any questions regarding intellectual property should contact UWS Innovation on 02 9685 9742 or at r.burnside@uws.edu.au
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