美國2011年9月16日頒布《Leahy-Smith美國發明法》(Leahy-Smith America Invents Act,簡稱AIA;編號Public Law No: 112-29 )(註1),其中Section 3為改採先發明人申請制(First Inventor to File;簡稱FITF)影響層面極大,由於這項變革預定2013年3月16日才會生效,美國專利商標局(USPTO)尚未提出相關修法提案,但從該局官員公開簡報內容,可以約略觀察USPTO對這項修法的初步詮釋。
法規原文為:"[T]he amendments made by this section . . . shall apply to any application for patent, and to any patent issuing thereon, that contains or contained at any time—(A) a claim to a claimed invention that has an effective filing date as defined in section 100(i) of title 35, United States Code, that is on or after the effective date described in this paragraph; or (B) a specific reference under section 120, 121, or 365(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim."
法規原文為:"INTERFERING PATENTS.—The provisions of sections 102(g), 135, and 291 of title 35, United States Code, as in effect on the day before the effective date set forth in paragraph (1) of this subsection, shall apply to each claim of an application for patent, and any patent issued thereon, for which the amendments made by this section also apply, if such application or patent contains or contained at any time— (A) a claim to an invention having an effective filing date as defined in section 100(i) of title 35, United States Code, that occurs before the effective date set forth in paragraph (1) of this subsection; or (B) a specific reference under section 120, 121, or 365(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim."