Much ink has been spilled debating the merits of the move to a first-to-file system.
FORBES: March 16, 2013: The United States Transitions To A 'First-Inventor-To-File' Patent System
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.
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
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.
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
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.
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
Viber Media was founded in 2010 by the same people who started iMesh, the world's longest-standing P2P client and the first to offer authorized file-sharing.
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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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When Bram Cohen first authored the BitTorrent spec in 2001, the intent was to improve file-sharing performance of existing single-source arenas -- Napster, KaZaA and their ilk.
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After completion of more pre-clinical studies, Short hopes to file Diversa's first investigational new drug application sometime next year.
If Watson was the first to file an ANDA for a generic Provigil, the federal Hatch-Waxman law accords Watson certain exclusivity rights.
FORBES: One Federal Agency��s Crusade Against Patent Litigation Settlements
But Roche also argued the case should have been thrown out in the first place, because Kendall had waited long past the two-year statute of limitations to file her case.
First, the IRS will grant a 90-day extension providing the taxpayer makes a good faith attempt to file on time.
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