As the controversial trial regarding a 75-year-old vs. the agriculture juggernaut, Monsanto is beginning shortly, many people are wondering about the future of patent law and intellectual property rights. The case may bring about changes in said areas of law and has drawn much media attention. Lesser discussed though, is America’s conversion from first-to-invent to a first-to-file patenting system, which will change on March 16, 2013.
This new system was created to bring America to the same level that most countries are at regarding patent laws. Currently, the system is in place where whoever invented the product first would receive the patent, as long as he or she provided documentation, even if the other party filed the patent first.
First-to-file will give the patent to whoever files the patent first, even if they did not invent it first, like in the aforementioned scenario. However, with the new system, if the inventor publicly discloses the invention and files a patent up to one year after the release of information, they will receive the patent. The public disclosure might be in the form of a blog or some other form of public sharing with detailed information, to provide proof for the trial.
There has been much discourse in the patent law community over the strengths and weaknesses of this new change, which is rapidly approaching. If you are seeking assistance with patent law make sure to contact a trusted attorney to protect your property.