March 16, 2013 is when the USPTO switches to First to File!

Inventors, be aware! Patent applications filed on March 16, 2013 and after will fall under First to File scheme created by the America Invents Act of 2011. What that means is that those new applications (dated 3-16-2013 and after) cannot claim to an “invention date” prior to the application filing date, the 1 year grace period will be limited due to prior user rights, and there will be post-grant review, and the patent application may be invalidated by public uses and sales of similar inventions in foreign countries. The good news is that secret prior invention or reduction to practice by a third party will, generally, no longer be relevant to patentability.

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