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What Are the Provisions of the Proposed "First-Inventor-to-File" System in S. 23?

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- The Senate passed S. 23 last week, which will make several significant changes in U.S. patent law if its provisions survive deliberations in the House (which is preparing its own bill). One of the most fundamental of these is the change from the current "first-to-invent" to a "first-inventor-to-file" system. In order to implement the changes, the Senate bill revises (and in some cases completely eliminates) portions of current law. The provisions of the bill relating to "First-Inventor-to-File" are set forth in Section 2. Section 2(a) amends definitions relating to inventorship in 35 U.S.C. § 100....

Full post as published by Patent Docs on March 15, 2011 (boomark / email).