March 16 marked the start of "first-to-file" patents, and Law Technology News will continue to monitor how the new laws change the patent dynamics over the next months and years. Here are a few initial observations from the legal technology community.
"The Leahy-Smith Act’s fundamental change in U.S. patent law from a ‘first-to-invent’ to a ‘first-to-file’ system should have a significant affect on both technology companies and individual inventors," said David Horrigan, a Boston-based analyst at 451 Research and a former in-house intellectual property counsel. "Tech firms can take a certain degree of solace if they get to the PTO to file their patents first, potentially reducing their patent litigation expenses, while ingenious individual tinkerers in their garages need to get good legal counsel early because they will no longer be able to challenge a patent by claiming they invented something first if they didn’t file first."
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