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USPTO’s proposed first-to-file rules discourage research disclosures

Eileen McDermott, New York

The proposed first-inventor-to-file rules published by the USPTO Thursday would effectively stop inventors – particularly in university research settings – from disclosing their inventions early, making the AIA’s safeguard for publishing research findings essentially moot

The rules were published yesterday in the Federal Register, along with proposed examination guidelines. Those guidelines indicate how the Office has interpreted several ambiguous sections of the statute.

Most surprising was the Office’s take on what is required for third...

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