The change to a first-to-file system on March 16, 2013, for U.S. patent filings, has forced companies and institutions to review their current filing strategies. In the first-to-file system, inventors can no longer fall back on their date of invention and must rely on the filing date of their application to beat out the competitors. As such, it is critical to draft strong provisional patent applications that can withstand subsequent challenges relating to adequacy of disclosure. This presentation will discuss how one can balance the rush to file with the need to provide adequate disclosure. Special references will be made to the alternative energy industry, where the number of patent applications filed, is only second to that in the computer technology area.

Great race: Provisional patent applications and the first-to-file patent system

245th National Meeting (2013)

The official archive and repository for all ACS Meetings & Expositions abstracts and select posters or presentations.