STATEMENT FROM JANET GONGOLA, PATENT REFORM COORDINATOR: USPTO Publishes Proposed Rules and Proposed Examination Guidelines for the First-Inventor-to-File Provision

On Thursday, July 26, 2012, the USPTO announces publication in the Federal Register of proposed rules and proposed examination guidelines for the first-inventor-to-file provision.   The proposed rules and proposed examination guidelines implement the conversion from a "first-to-invent" to a "first-inventor-to-file" system.  The proposed rules and proposed examination guidelines also address the Office's interpretation of the prior art available under 35 U.S.C. 102 and 103.  Here are the links to access both proposals:

• First-Inventor-to-File Proposed Rules (77 Fed. Reg. 43742, July 26, 2012)
• First-Inventor-to-File Proposed Examination Guidelines (77 Fed. Reg. 43759, July 26, 2012)

Publication in the Federal Register of the first-inventor-to-file proposed rules and proposed examination guidelines opens a public comment period running until October 5, 2012.  I encourage you to submit your feedback to the agency about both proposals.  The agency values your input in helping to  properly implement the first-inventor-to-file provision and build a 21st century patent system.
The USPTO will discuss its first-inventor-to-file proposed rules and proposed examination guidelines at a series of upcoming cross-country roadshows to be held in September 2012.   The USPTO will visit Alexandria, Va.; Atlanta; Denver; Detroit; Houston; Los Angeles; Minneapolis; and New York City.  I invite you to attend a roadshow and have the opportunity to give direct feedback to agency officials about the first-inventor-to-file proposals.  More information about those roadshows, such as specific dates, venues, and program agenda, is available here: