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First U.S. Patent Laws Were First to File, Not First to Invent

Gene Quinn argues that First U.S. Patent Laws Were First to File, Not First to Invent. I’m not 100% sure I buy his argument, but it seems reasonable enough. The reason this comes up is the US has always had a first to invent system, unlike other countries which are mostly first to file (unless Quinn is right in which case the US had a first to file system briefly, at the beginning), and the America Invents Act is poised to change to a first to file system (Patent Reform is Here! O Joy!). Yet another reason to be skeptical of claims that the current patent reform is radical and significant.

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To the extent possible under law, Stephan Kinsella has waived all copyright and related or neighboring rights to C4SIF. This work is published from: United States. In the event the CC0 license is unenforceable a  Creative Commons License Creative Commons Attribution 3.0 License is hereby granted.