Final Phases of Patent Reform Now Upon Us – Mark March 16, 2013 on Your Calendar and Plan Now

The final phases of U.S. patent reform become active on March 16, 2013 when the U.S. patent system switches to a “first-to-file” system. The USPTO has to date only issued draft guidance on this switch. Hopefully, they will issue final guidelines soon so patent applicants can adapt well to the new regime, particularly if the final guidelines differ from the draft guidelines issued last August 2012. Many patent applicants will want to consider filing applications before March 16, 2013 if appropriate to avoid the new law. In some cases, split parallel filings, rather than a single filing, may be a good call.  Hence, planning should have started by now. 

While patent reform impacts all technologies, not just nanotechnology and clean technology, the patent filing rates in these sectors are rising, so attention to patent reform is particularly needed in these sectors.

Finally, March 16 is a Saturday so it would be very good to have all the ducks lined up on or before March 15, 2013!