By Ray Galasso
The Leahy-Smith America Invents Act has changed the United States patent system from a first-to-invent system to a first-to-file system. Any U.S. patent application having an effective filing date after March 16, 2013 will now fall under “first inventor to file” rules, meaning that inventors that file first will now be awarded patents as opposed to inventors who were the first to invent. Therefore, inventors who do not promptly seek patent protection face an increased risk that a later inventor will hold the U.S. patent rights.
A patent can provide a sense of legitimacy to your proposed invention that will ensure that you are able to attract potential business partners. A patent can also protect your proposed invention through legal means, preventing anyone from manufacturing, selling, or otherwise profiting from your proposed invention.
It is important to understand the process of patenting your proposed invention before you begin. If you are or have developed a product (or are thinking about it) and want to protect your invention, please contact us and we would be happy to talk with you about the process of obtaining a patent.
Make time your friend instead of foe and file for patent protection as fast as you can.
If you are involved in an Intellectual Property (Patents, Trademarks & Copyrights) issue or need Technology Law Counseling, please call 505.246.0231 or 800.435.3290 and ask to speak with an attorney.