The America Invents Act (AIA) entered into force on 16th March 2013. This act replaces the “first-to-invent” system with a “first-inventor-to-file” system that is more consistent with the rest of the world. It expands the definition of prior art used in determining patentability both geographically and in relation to publication date, eliminates interference proceedings and allows for post-grant opposition. The changes brought about by the AIA eliminate the historic advantage for US priority filing and will no doubt affect the strategy used by those who file priority applications in the US. However, it will not have a huge effect on the strategy used by those who file in Europe first.
For further information, please contact Jonathan White by email at mail@maclachlan.ie