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April 26, 2005
First to File, Blessing or Nightmare?
After reading Eric's blog it got me starting to think about the first to file aspect of the new Patent Legislation. A first to file system will get rid of the current first to invent system. Currently if two inventors try to patent similar inventions they go to a interference proceeding where the courts determine who was the first inventor. But with a first to file system you could theoretically steal someone's invention and then patent it before them, and stake your claim. This is if you can get around all derivation questions. I will look into this aspect of the first to file system. I am sure that it will be based on the European system. Let me know what you think.
Posted by Rex at April 26, 2005 09:31 PM