First-to-File Rules

We stand at a critical juncture in intellectual property—The America Invents Act of 2011 (AIA) has brought significant change to U.S. patent law. Notably, any patent application filed on or after March 16, 2013, will be subject to the new First-to-File system. In contrast, any patent application filed prior to March 16, 2013, will still be subject to the old First-to-Invent system. The former poses a radical change from the latter that Alston & Bird attorneys are uniquely qualified to guide you and your business through.

Our more than 170 intellectual property attorneys are deeply knowledgeable about the changes that this new deadline will bring and are well-positioned to counsel clients on the new system. Alston & Bird attorneys have been entrenched in all aspects of the AIA since its passage in September of 2011, developing a comprehensive knowledge of the “ins” and “outs” of the new law.

"Eight Strategies for Facing First-to-File," Managing Intellectual Property, March 2013.
Any US patent application filed on or after March 16, 2013 will be subject to the new first-to-file system mandated by the America Invents Act, while any application filed prior to March 16 will still be subject to the old first-to-invent system.

Jason Cooper Quoted in Corporate Counsel
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.

Jason Cooper Quoted in IPLaw360 Regarding New First-to-File Rules
In an IPLaw360 article discussing The U.S. Patent and Trademark Office’s (USPTO) unveiling of final rules governing the first-to-file patent system that will go into effect in March, Jason Cooper was quoted as saying the proposed rules seemed to be overly restrictive and made it difficult for inventors to take advantage of the grace period.

Cleaning House Before March 16, 2013, Intellectual Property Advisory
As you may be aware, the America Invents Act of 2011 (AIA) will soon bring significant change to U.S. patent law. Notably, any patent application filed on or after March 16, 2013, will be subject to the new First-to-File system. In contrast, any patent application filed prior to March 16, 2013, will still be subject to the old First-to-Invent system.