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The Race to First-to-File: Rules and MPEP, Holding Applicants Back

May 16, 2016| in Wegner's Writings| by Hal Wegner

In the five years since the Leahy Smith America Invents Act became law, many Americans have adapted to the new reality of first-to-file.  Yet, theRules of Practice in Patent Cases and the Manual of Patent Examining Procedure retain cobwebs of practice guidance from an earlier era which hold back the American inventor in making the earliest possible first filings.

“WINNING THE FIRST-TO-FILE RACE TO THE PATENT OFFICE:  TEN THINGS NOT TO INCLUDE IN THE APPLICATION”: The captioned paper provides a list of ten things the American inventor taught to do when filing the first application, and why this guidance is not appropriate.

WinningFirstToFileMay16

Regards,
Hal

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