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Legal Alerts

USPTO Releases Proposed Rules and Examination Guidelines on First Inventor to File

July 26, 2012

Legal Alerts

USPTO Releases Proposed Rules and Examination Guidelines on First Inventor to File

July 26, 2012

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USPTO Releases Proposed Rules and Examination Guidelines on First Inventor to File

Today, July 26, the USPTO published Federal Register notices regarding its proposed rules and examination guidelines relating to the first inventor to file (FITF) provisions under the America Invents Act (AIA), which will take effect for filings on or after March 16, 2013.

To determine if an application should be subject to the FITF requirements, the proposed rules require a statement from the applicant that identifies whether the application has at least one claim with an effective filing date on or after March 16, 2013. Comments on these proposed rules are due by October 5.

Stay tuned for further information about the implications of the new rules. Further information on AIA is available at our patent reform webpage.

Please contact your Fish attorney or email [email protected] with any questions.


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.