Leahy-Smith America Invents Act Implementation

MESSAGE FROM JANET GONGOLA, PATENT REFORM COORDINATOR: USPTO Publishes Final Rules and Guidance to Implement First-Inventor-to-File Provision

On February 14, 2013, the USPTO published final rules and guidance in the Federal Register implementing the first-inventor-to-file provision.  This provision becomes effective on March 16, 2013.

• First-Inventor-to-File Final Rules (78 Fed. Reg. 11024, February 14, 2013)
• First-Inventor-to-File Final Guidance (78 Fed. Reg. 11059, February 14, 2013)

Publication of the first-inventor-to-file final rules and guidance concludes the agency’s rulemaking for provisions that become effective in March 2013.  It likewise concludes the agency’s rulemaking for the America Invents Act.

To discuss the first-inventor-to-file final rules and guidance, the agency is hosting a public forum on Friday, March 8, 2013 in the Madison Auditorium on the USPTO’s Alexandria campus.  The forum will run from 10:00 AM to 12:30 PM Eastern Daylight Time and will be webcast on the AIA micro-site. Instructions for viewing the webcast are forthcoming.  In addition to the first-inventor-to-file final rules and guidance, the agency will address its new patent service fees and the micro entity discount, both of which go into effect on March 19, 2013.  I encourage you to attend this forum, learn about the last provisions of the America Invents to be implemented, and have the opportunity to ask questions.