US adopts ‘first-inventor-to-file’ intellectual property rule

The changes bring US law into greater conformity with the laws in the rest of the industrialised world, according to Withers & Rogers.

The intellectual property law firm believes that among the key legislative changes, US patent law is adopting the ‘first-inventor-to-file’ rule, which applies in Europe.

Until now, any dispute about the ownership of a patent for an invention was decided in favour of the person able to prove that he or she came up with the invention first.

This approach led to costly litigation to establish the dates of the invention.

Instead, US law will mirror the legal position in Europe, with the right of ownership going to the first person to file a patent application. This change will take effect in 18 months’ time.

According to Dave Croston, patent attorney at Withers & Rogers, the changes will be welcomed by companies seeking patent protection for their inventions in the US and could mean applications are dealt with more quickly.