Posts Tagged: "race period"

Some More Heretical Thoughts on Strategies for Coping with First to File Under the America Invents Act*

So what does this AIA “mumbo jumbo” mean in plain English? Well, to me and especially to others who have previously opined on this provision of the AIA, it means you not only don’t blow “novelty” in the U.S. by “publishing” the subject matter of your claimed invention (although you’ll blow “absolute novelty” elsewhere, including Europe, unless you do what I suggest below), but you can essentially “foul the nest” of others that follow after your “published” date. Even better, when you “publish” the subject matter of your claimed invention, you also put a non-patent application “date stake” in the ground as to what you have “published” that is resistant to subsequent intervening “prior art” of third parties when you do file your U.S. application (within a year of that “published” date).