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While the inventor who first created the invention historically received priority in the U.S. system, the America Invents Act changed this rule in 2013. Now, the applicant who first files their patent application receives priority.
The Act eliminates this geographic limitation on prior art, providing that an invention is not patentable if it was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Thus, public use, sales, and
1 The first to file rule also applies to patent applications, awarding the first person to file a patent the right to claim the intellectual property to it. 2 Inventors are encouraged to file for a patent quickly so that copycats do not usurp their new invention or process.
There are some downsides to the first-to-file system. For inventors used to the old rule, mistakes are easily made. The legal changes require patent maintenance and validity challenges to be reconsidered. There are now new ways to challenge a patents validity, including pre-issuance meetings or post-grant reviews.
A patent protects new inventions such as devices, substances, methods, and processes. You can use a patent to protect your invention as long as its new, useful, inventive, and a suitable subject matter.
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The law was concise, defining the subject matter of a U.S. patent as any useful art, manufacture, engine, machine, or device, or any improvement there on not before known or used. It granted the applicant the sole and exclusive right and liberty of making, constructing, using and vending to others to be used of his
The made a number of changes to US patent law that harmonized it with the laws of other nations, such as changing the US law from first to invent to first inventor to file and providing an additional way to challenge an issued patent, and many more.
In a first-to-file system, the right to grant a patent for a given invention lies with the first person to file a patent application for protection of that invention, regardless of the date of the actual invention.
It is vital to avoid non-confidential disclosure of a possible invention before an appropriate patent application has been filed.
In 2011, President Obama signed the Leahy-Smith America Invents Act () to modernize the U.S. patent system and strengthen Americas competitiveness in the global economy.

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