There is a strong chance that after 5 years patent reform legislation will be passed this year. If it does, the main change will probably be a move to first-to-file priority instead of first-to-invent. Currently, an inventor can file a patent application after a competitor and still have an earlier date of invention. However, proving an earlier invention date is difficult, and typically doesn't move the invention date more than six months. A first-to-file system will align the United States with the rest of the world, and eliminate expensive interference proceedings.
