Reading Group @ CLS, Tuesday, Nov. 2, 7:00pm in JG 304

November 1, 2010 · Filed Under Reading Groups · Comments Off on Reading Group @ CLS, Tuesday, Nov. 2, 7:00pm in JG 304 

“First to Invent versus First Inventor to File”

The Patent Reform Act of 2010 (also referred to as the 2009 bill),
which Senator Orren Hatch will seek to pass following the November 2nd
elections, would change the unique US system of granting a patent to
the first inventor to a system that grants a patent to the “first
inventor to file.”  The first to invent system leads to many
“interference” proceedings where two independent inventors try to
prove when they conceived of the invention, that they were diligent in
reducing the invention to practice, and that they did not abandon,
suppress, or conceal the invention. A first inventor to file system
would eliminate the traditional interference proceeding, but would
also create an entirely new system of administrative procedures for
determining who in an inventor and if he treated his invention
properly prior to filing. Currently, the US is the only major country
that employs a first to invent system. All other countries use a
simple first to file system, relying only on the filing date of the
patent application.
Should the US change to a first inventor to file system?

Readings:
Summary of the Patent Reform Act of 2010
http://www.patentlyo.com/patent/2010/03/patent-reform-act-of-2010-an-overview.html

Academic Paper on the First Inventor to File System
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1518660

Basic Comparison of First to Invent v First Inventor to File
http://www.patentlyo.com/patent/2009/12/first-to-file-versus-first-inventor-to-file.html

PTO Director Kappos Commenting on the First to Invent System
http://ipwatchdog.com/2010/10/21/aipla-meeting-david-kappos-todd-dickinson/id=12933/