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Redefining Prior Art Under Proposed Patent Reform Measures

By Andrei Iancu & Maclain Wells

This is the second installment of a two-part series on the proposed move from a patent system granting priority of patent rights based upon invention dates to a system in which priority is based primarily upon filing dates. The first installment discussed the history behind the current first-to-invent system and the basics of the proposed changes to the system. This installment explores the statutory bars under the proposed legislation and other changes affecting prior art.

The Shift to a First-to-File System

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