The America Invents Act (AIA), also known as the “patent reform bill,” is designed to modernize the U.S. patent system. One provision of the new bill, that went into effect in March, converts the United States from first-to-invent to a first-inventor-to-file system. You’ve had a few months to get used to the new law, but if you’re still wondering how it could affect biotech and medical-device products you invent, you’re not alone.
The new first-inventor-to-file patent law means that the first person or company to file a patent application on an invention has the right to pursue the patent on it. While this is new in the U.S., it’s the system that’s already being used in every other country in the world. So now the United States should be in synch with the rest of the world, right? Well, not quite.