Jonas and Kraus Compare U.S. and European First-to-File Patent Systems

Among the changes introduced by the America Invents Act, signed into law this September, is a transition from the first-to-invent to the first-to-file system of determining which inventor obtains a patent. In a "Letter from America" column for European Lawyer, Victor Jonas and Jason Kraus explain the differences between the U.S. new system and the first-to-file system used by the European Patent Office.

"While the new U.S. first-inventor-to-file system does not accomplish a complete harmonization with the European Patent Office," they conclude, "it does bring the U.S. and European systems closer together, which will increase uniformity in granted patent rights."

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