The Small Business Watchdog

On July 26, the U.S. Patent & Trademark Office (USPTO) published proposed rules and proposed examination guidelines for the first-inventor-to-file provision of the America Invents Act (AIA).  The first-inventor-to-file provision of the AIA converts the United States from a “first-to-invent” to a “first-inventor-to-file” system. The proposed rules and examination guidelines amend the rules of practice to implement the conversion and provide guidance regarding the sections of the Manual of Patent Examining Procedure related to novelty and obviousness.

Comments are due October 5, 2012, and may be submitted via http://www.regulations.gov/ or via email at fitf_rules@uspto.gov.

Background information on the issue is provided in the following documents:

• First-Inventor-to-File Proposed Rules (77 Fed. Reg. 43742, July 26, 2012.
• First-Inventor-to-File Proposed Examination Guidelines (77 Fed. Reg. 43759, July 27, 2012)

The AIA micro-site offers additional information related to USPTO’s AIA implementation activities.

The Office of Advocacy’s contact on this issue is Jamie Saloom.