Switch From First To Invent To First To File
Further information: First to file and first to inventIn 2007, the United States was the only country in the world that gave priority to the application that claims the earliest invention date, regardless of which application arrives first. The first-to-invent system is thought to benefit small inventors, who may be less experienced with the patent application system. Critics of the first-to-file system also contend it would create a “race to the mailbox,” and would result in sloppier, last-minute patent applications. However, the first-to-invent system requires the United States Patent and Trademark Office (USPTO) to undertake lengthy and complicated “interference” proceedings to try to determine who invented something first when claims conflict. The first-to-file system, supporters contend, would inject much-needed certainty into the patent application process. Finally, because every other country is on a first-to-file system, supporters claim that the majority of patent applicants and attorneys are already operating on a first-to-file basis.
Read more about this topic: Patent Reform Act Of 2007, Proposed Changes in U.S. Patent Law
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