MX: Device patents: Think globally, file locally

作者：Craane P^*

来源：Medical Device and Diagnostic Industry, 2012, 34(1).

The US entered a new phase of patent harmonization when the America Invents Act (AIA) was signed into law in September 2011. As a result of AIA';s passage, the first-to-invent standard unique to US law will fade away. Under this standard two parties claiming the same invention were required to prove which of the parties was, in fact, the first to invent. To obtain a patent, a manufacturer must file an application with the responsible governmental authorities. Most countries examine the patent application to determine whether a fundamental threshold of novelty and inventiveness has been met. In most countries, this grace period covers only the applicant';s actions and does not extend to the public disclosures of others. Under current US law, a one-year grace period exists relative to the disclosures of the applicant and others.