First to File Remains

Posted Friday, March 4, 2011.

Yesterday, Senator Feinstein’s amendment to remove the “First to File” provisions from S.23, the “America Invents Act of 2011”, née the “Patent Reform Act of 2011”, was voted upon and did not have the votes. “First to File” remains in the current patent reform effort.

Historically, “First to File” has been looked at with less favor in the House, so the House version of the bill may retain the “First to Invent” system, leaving the discrepancy to be sorted out in a conference committee.

More to come…

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