Content deleted Content added
added explanation to acronym |
Rescuing 3 sources and tagging 0 as dead.) #IABot (v2.0 |
||
Line 30:
Many legal scholars<ref>[http://www.docs.piausa.org/Article%20I%20and%20the%20First%20Inventor%20to%20File-%20Patent%20Reform%20or%20Doublespeak_%20=%20IDEA-vol50-no3-glenn-nagle.pdf Glenn and Nagle: "Article I and the First Inventor to File: Patent Reform or Doublespeak?", in IDEA—The Intellectual Property Law Review, Volume 50, Number 3 (2010)]</ref><ref>[http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/johnmars6&div=13&id=&page= Simon: "The Patent Reform Act's Proposed First-To-File Standard: Needed Reform or Constitutional Blunder?", in ''The John Marshall Review of Intellectual Property Law'', 2006]</ref><ref>[http://www.rearden.com/public/090413_First_to_File_scholarly_papers_in_last_10_years-1.pdf Selective compilation of papers on FTF constitutionality published between 2001-2009 (9 papers)] {{webarchive|url=https://web.archive.org/web/20110720004424/http://www.rearden.com/public/090413_First_to_File_scholarly_papers_in_last_10_years-1.pdf |date=2011-07-20 }}</ref> have commented that such a change would require a constitutional amendment. [[Copyright Clause|Article I, Section 8, Clause 8]] of the US Constitution gives Congress the power to "promote the Progress of ... useful Arts, by securing for limited Times to ... Inventors the exclusive Right to their respective ... Discoveries.” These scholars argue that this clause specifically prohibits a first-inventor-to-file system because the term "inventor" refers to a person who has created something that has not existed before.
The change has not been short of detractors. For example, the [[IEEE]] stated in its submission to the [[House Judiciary Committee]], charged with the study of the Patent Reform Act of 2007, that "We believe that much of the legislation is a disincentive to inventiveness, and stifles new businesses and job growth by threatening the financial rewards available to innovators in U.S. industry. Passage of the current patent reform bill language would only serve to relax the very laws designed to protect American innovators and prevent infringement of their ideas."<ref name=ieee>
Proponents argue that the FITF aligns the U.S. with the rest of the world, according to the original U.S. patent system, and brings more certainty, simplicity and economy to the patent process, all of which allow greater patent participation by startups.<ref>{{cite web|last=Koenig|first=John|title=America Invents Act is Better for Small Business|url=http://johnkoenig.com/the-america-invents-act-is-better-for-small-business/|accessdate=21 September 2011}}</ref>
Line 43:
== External links ==
* [https://web.archive.org/web/20110410014904/http://www.torys.com/Publications/Documents/Publication%20PDFs/ARTech-19T.pdf From First-to-Invent to First-to-File: The Canadian Experience], Robin Coster, American Intellectual Property Law Association, April 2002.
* [https://web.archive.org/web/20050207102744/http://www.oblon.com/Pub/GholzFirsttoFile.html First-to-file or First-to-invent?], Charles L. Gholz, ''Journal of the Patent and Trademark Office Society'', 82 JPTOS 891, December 2000. Advocates first-to-file for the US.
* [http://www.inventions.org/resources/advisory/first.html First to Invent vs. First to File], Inventors Assistance League. Advocates first-to-invent.
* [http://www.inventionconvention.com/inventorsvoice/report/ 1992 Special Summary Report; The Great Debate; First-to-invent vs. First-to-file and the International Harmonization Treaty], Stephen Gnass/Inventors Voice. Advocates first-to-invent as more friendly to the individual inventor.
| |||