Section 3 of the America Invents Act moves the United States from a first-to-invent system to a first-inventor-to-file system. While the applicant must still be an inventor of the claimed invention, it is no longer required that the inventor be the first true inventor, but rather only the first inventor to file or publicly disclose the invention. No longer will the date of invention/conception be the key date in determining patentability. The purpose of the change is to place the U.S. in harmony with other developed countries, which utilize some form of the first-to-file system, while ensuring the individual who obtains a patent is a true inventor.
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