Interference Proceeding - Leahy-Smith America Invents Act

Leahy-Smith America Invents Act

On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act into law. Part of the Act will change the U.S. patent system from a first-to-invent system to a first-to-file system. As such, interference proceedings will be eliminated from U.S. patent law. More specifically, any patent application with an effective filing date of March 16, 2013, or thereafter will not be able to initiate an interference. Derivation Proceedings are replacing interference proceedings in the patent statutes, but the dispute surrounding a derivation proceeding is unrelated to that of an interference proceeding.

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