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File patents now before changes introduce uncertainty

This article was originally published in Scrip

Executive Summary

A key element of the America Invents Act (AIA) is Section 3, which brings the US more into line with Europe and other patent jurisdictions by moving from a 'first-to-invent' regime to a 'first-to-file' regime. This comes into effect on 16 March 2013 (scripintelligence.com, 30 July 2012; 19 September 2011; 12 September 2011) . With the big shift looming, Scrip spoke to Otis Littlefield, a partner with law firm Morrison & Foerster specializing in patent prosecution, about how companies should be preparing for the change.

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