First to file is the crown jewel of this historic reform, only, guess what?
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Homosexual activists touting tolerance and free association will be the first to file suit.
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First to file a complaint with the police was the Redfern Gallery, followed by Leger.
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First to file is a significant legal change that does little to address what ails the system.
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If Watson was the first to file an ANDA for a generic Provigil, the federal Hatch-Waxman law accords Watson certain exclusivity rights.
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And even if a company is among the first to file an application, that's no guarantee that it will be among the first to receive a license.
If all parties file petitions after 10 days of the order, the first party to file wins the race and picks the forum.
Among the proposed changes in both bills is a measure to convert the U.S. to a "first-to-file" system for granting patents (which most other countries use) rather than the "first-to-invent" system currently in place.
In other words, the first inventor to file an application for an invention gets the patent, not the first person to invent something.
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The America Invents Act, signed into law in September, will transition the patent application process from the first-to-invent system, to the new first-to-file system.
Reform would bring the U.S. patent system in line with the rest of the world by granting patents on a "first-to-file" rather than a "first-to-invent" basis.
Much ink has been spilled debating the merits of the move to a first-to-file system.
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Making the first inventor to file an application the owner.
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That seems to be the question investors were looking to answer on Thursday as the embattled social gaming company saw its stock surge on news that it took the first steps to file for a gambling license in Nevada.
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Instead, it would push the United States toward a "first-to-file" arrangement -- which amounts to a "first-to-steal" formula -- that has characterized other nation's patent systems and contributed to the relative paucity of important technological breakthroughs produced elsewhere.
Before you approach any vendor, the best first step is to file for a provisional patent.
What has changed is that under first-to-file silence can be more costly than before with respect to U.S. patent rights.
FORBES: March 16, 2013: The United States Transitions To A 'First-Inventor-To-File' Patent System
Proponents of this bill argued that all other industrialized countries are on the first-to-file system, so we should be too.
Another problem is that first-to-file may make companies rush to put in for a patent before their invention is truly ready.
And small patent holders don't like the idea of the "first-to-file" system.
Under existing regulations, generic firms can compete against an off-patent branded drug and battle for first-to-file, 180-day exclusivity to market a generic replacement.
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However, under the new first-to-file system, things will be more complicated.
FORBES: March 16, 2013: The United States Transitions To A 'First-Inventor-To-File' Patent System
Under first-to-file, an inventor who does not take prompt action to protect his or her invention faces a higher risk that a later inventor will end up holding the associated U.S. patent rights.
FORBES: March 16, 2013: The United States Transitions To A 'First-Inventor-To-File' Patent System
One criticism is that being first-to-file gives big and sophisticated organisations, highly experienced at the difficult job of filing for patents, an advantage over smaller outfits that may be technically brilliant but not legally savvy.
The reality is more complex than those designations imply, as patent rights in the United States under the first-to-file system will depend on the interplay between the dates of filing and of any pre-filing disclosures of the invention.
FORBES: March 16, 2013: The United States Transitions To A 'First-Inventor-To-File' Patent System
Chinese social networking website Renren.com announced plans to go public in the American markets this Spring, making it potentially the first social media company to file its IPO.
Bernstein analysts Tim Anderson and Ronny Gal are out this morning with a note to investors suggesting that generic Lipitor could be delayed because of manufacturing problems at Ranbaxy, the first generic drug maker to file with the Food and Drug Administration and the company with whom Pfizer settled.
Cheniere Energy has taken an early lead, and was one of the first would-be exporters to file for federal approvals (in 2010).
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The first report states that petitioner refused to file a domestic battery complaint.
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