Inventor Alleges AIA Unconstitutional
Back during the drafting of the America Invents Act (AIA), some questioned whether the switch to a "first-inventor-to-file" system was constitutional. The argument was that the Intellectual Property Clause of the U.S. Constitution (Article I. Sec. 8) guaranteed the exclusive rights of inventions to "inventors," and that this term could not embrace another, later in time filer, in the interests of administrative expediency. That is to say, the AIA was criticized as providing a "first-person-to-file" system, which awards the label "inventor" to the first person in the door at the USPTO.
Last month, a small Florida business, MadStad Engineering, filed suit against the U.S. government & USPTO to block implementation of the first-inventor to file system based on the above theory of uncostitutionality. The declaratory judgment action seeks a permanent injunction against implementation of the AIA, and an opinion that the entirety of the AIA is unconstitutional (based on a lack of severability clause).
A copy of the compliant is found (here)
View more from Patents Post-Grant.
Sign in with your Lexis.com ID to access Patent Law resources on Lexis.com or any of these Mathew Bender Patent Law publications.
Click here to order Patent Law treatises/resources and Mathew Bender publications.
View the LexisNexis
Catalog of Legal and Professional Publications
here for a list of available LexisNexis eBooks.
Click here to learn more about
For more information about LexisNexis products and solutions connect with us through our corporate site.