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Patent Strategy & Management

June 2008

Redefining Prior Art Under Proposed Patent Reform Measures

Some Things Old, Some Things New

Part One of a Two-Part Series

By Andrei Iancu and Maclain Wells

This is the first installment of a two-part series on the proposed move from a patent system granting priority of patent rights based upon invention dates to a system in which priority is based primarily upon filing dates. This installment discusses the history behind the current first-to-invent system, the current patent reform movement, and the basic proposed change to the current system.

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