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.

FORBES: Inventors: Take Heed Of The Revised U.S. Patent Law

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

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.

FORBES: Magazine Article

Proponents of this bill argued that all other industrialized countries are on the first-to-file system, so we should be too.

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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

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

And small patent holders don't like the idea of the "first-to-file" system.

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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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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.

FORBES: Magazine Article