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The Constitutionality of Awarding Patents to Inventors Who Are the First to Seek Them

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Williams Mullen: Planning for the First to File

Editor M. Bruce Harper Historically, the United States has been a first-to-invent jurisdiction. A diligent inventor that applied for a U.S. patent might be able to assert superior rights over a subsequent inventor, even if the subsequent inventor was the first to file a U.S. patent...

Patents Post-Grant: Lawsuit Filed to Block First Inventor to File System

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...

U.S. Patent and Trademark Office To Implement New Patent Quality Process

From the USPTO : Derivation Proceeding Ensures Inventors Obtain Patents for their Inventions Washington - The U.S. Department of Commerce's U.S. Patent and Trademark Office (USPTO) announced today [Sept. 10th] that it is creating a new proceeding designed to ensure the first person to...

Brinks Hofer Gilson & Lione: Transitioning to First-Inventor-to-File: Part I

For patent seekers and patent attorneys alike, March 16, 2013 will be a momentous date. On that day, the U.S. transitions from its current "first-to-invent" system to a "first-inventor-to-file" (FITF) system. Although the FITF system has been in place in every other country in the...

Troutman Sanders LLP: U.S. Becomes “First-to-File” Country for Patents on March 16, 2013 - Consider Strategic Action Now

By Robert Schaffer and Joseph R. Robinson On March 16, 2013, the United States will become a "first-to-file" country for determining the rights of different inventors competing for a patent covering the same invention. This is part of the recent "America Invents Act" (AIA). To...

Ballard Spahr LLP: Race to the Patent Office – Start Your Engines!

By Mary Anthony Merchant, Ph.D. The race to the Patent Office begins March 16, 2013, when the new first-to-file patent system takes effect. Start your engines, or at least think about the consequences of this system for current and future patent portfolios. Before March 16, actions can be taken...