Kerr & Wagstaffe Highlights Recent Shakeups to U.S. Patent Law

PHILADELPHIA, PA, April 17, 2013

According to the San Francisco law firm Kerr & Wagstaffe, recent changes to U.S. patent laws have led to serious implications for inventors and intellectual property holders--to say nothing of record-setting volumes of patent applications. A recent Reuters report affirms this, noting that one day in March--the last day before a new patent application system went into practice--found the U.S. Patent and Trademark Office flooded with an historic number of new patent applications. Kerr & Wagstaffe has issued a new press statement, commenting on this pivotal day for patent filings and also opining on the future of U.S. patent law.

According to the Reuters report, the USPTO was bombarded with an astonishing 13,888 patent applications on March 15--the last day before the old patent application system was retired in favor of a newer system. This marked the second highest single-day record for patent filings. The only day to top it was June 7, 1995--also the eve of a major change-up in patent filing laws.

"Changes in patent law, while sometimes for the better, always cause these swells in applications, as inventors and aspiring intellectual property holders try to take advantage of a system that they know and understand," comments Kerr & Wagstaffe.

Indeed, inventors scrambled to file their patents so that they could be reviewed under the long-active "first to invent" application process. Kerr & Wagstaffe's attorneys note that this now-defunct system awarded patents to whichever entity could prove to have made the invention or the discovery first. The new system is a "first to file" system, in which the patent is awarded to whichever inventor or entity files for it first.

The attorneys at Kerr & Wagstaffe say that the new system comes with its pros and its cons. "The first-to-invent system really favored fairness in a way that this one does not, so many inventors are likely to be flummoxed by the new way of doing business," the firm says.

"The new system, meanwhile, is more in line with the way patent offices work in other countries," Kerr & Wagstaffe offers. "The strength of the new system lies in the fact that it encourages entities to file as quickly as possible, and to expedite their development processes."

The firm concludes by noting that, indeed, the new patent application system makes speed an imperative. "We would advise entities and inventors to file for their patents as quickly as they are able to," remarks Kerr & Wagstaffe.

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Based in San Francisco, California, Kerr & Wagstaffe is a law firm that has a strong reputation for the bold and prepared representation that it provides to its clients. The legal professionals at Kerr & Wagstaffe handle cases in many practice areas, including intellectual property rights, constitutional law, patent cases, and more. The team at Kerr & Wagstaffe has represented multiple landmark cases, some of which have raised controversial and highly important issues within their field. The professionals at this law firm are dedicated to assisting their clients in facing their legal battles with confidence.