“In the current first-to-invent system, the first inventor to invent an invention is entitled to patent protection, whereas in the new first-to-file system under the AIA, the first inventor to file a patent application is entitled to patent protection. ”
”Prior to adoption of the AIA, U.S. inventors could enjoy a one-year grace period, thus allowing them to retain U.S. patent rights for any product sold, disclosed or in public use if a patent application was filed within one year. Under the AIA, that one-year grace period extends only to inventions disclosed by the inventor (it does not extend to sales or public uses).34 In addition, while public disclosure may trigger a one-year grace period for U.S. patent rights, once made, it will terminate any foreign patent rights. Thus, if a U.S. inventor were to publicly disclose an invention, and then file a U.S. patent application within a year, the inventor would retain patent rights in the U.S. However, the inventor would not have priority for foreign patent rights (from the date of the disclosure).“