First to File Created Huge Spike in U.S. Patent Applications


In anticipation of the America Invents Act organizations raced to get last-minute filings in under the old rules, representing a 5x increase in filings. Expect the patent process to slow markedly as these make their way through prosecution.


The other day we received notice from the USPTO stating in part:

“After the America Invents Act (AIA) first-inventor-to-file provisions went into effect on March 16, 2013, there was a surge in USPTO patent application filings.

On 09/18/2014 the USPTO expects to publish approximately 30,000 Patent Application Publications.  This is approximately 5 times the normal weekly amount.”

In anticipation of the America Invents Act organizations raced to get last-minute filings in under the old rules, representing a 5x increase in filings. Expect the patent process to slow markedly as these make their way through prosecution. 

We are having more discussions with our clients around IP maturity and optimizing processes throughout the enterprise, partly in response to AIA. Now is the time to take a look at your disclosure preparation process, freedom-to-operate research, and competitive monitoring. With filing now a race to the patent office, it’s important to optimize process where possible to remain both competitive and efficient.  We look forward to sharing best practices around this in April at our Insights conference.  

We are actively working to help organizations manage the AIA changes efficiently – our upcoming nonpatent literature will help make your R&D team more efficient, and freedom-to-operate easier to research. Side-by-side comparisons will make it easier to monitor your organization against today’s and tomorrow’s competitors. New visuals will expose concept density and white space.  Additionally, we’re working on secure and private options for you to add your internal data to the analysis set, in part so it’s easier to track and leverage the disclosures your engineering team is submitting.

Sound off in the comments section… did your organization send in a flurry of new applications ahead of AIA?




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