Jason Cooper was quoted in a Corporate Counsel article discussing fundamental changes to U.S. patent law will be implemented beginning on March 16—the so-called “Ides of March”—including a national move to a “first-inventor-to-file” patent system, a major change from the current “first-to-invent” system.
“We’re pushing to get [clients] to file before March 15 if they’re ready, because the deadline is midnight on the 15th—and the PTO’s website has been known to go down periodically when there’s too much activity,” Cooper said.
According to the article, fundamental rules of the patent game are changing. Under the current system, “prior art” includes any information that is “known or used by others” before an invention is conceived; as of March 16, it will include any information that is “available to the public” before the filing date.
“In addition, prior art under the old system includes public uses or sales that have occurred within the United States…as of March 16, however, they will include uses or sales that have occurred anywhere in the world,” Cooper added.
“We’re pushing to get [clients] to file before March 15 if they’re ready, because the deadline is midnight on the 15th—and the PTO’s website has been known to go down periodically when there’s too much activity,” Cooper said.
According to the article, fundamental rules of the patent game are changing. Under the current system, “prior art” includes any information that is “known or used by others” before an invention is conceived; as of March 16, it will include any information that is “available to the public” before the filing date.
“In addition, prior art under the old system includes public uses or sales that have occurred within the United States…as of March 16, however, they will include uses or sales that have occurred anywhere in the world,” Cooper added.