Abstract

http://ssrn.com/abstract=2188102
 
 

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First-to-File as a Rule of Evidence


Tun-Jen Chiang


George Mason University School of Law

December 11, 2012

30 Yale Journal on Regulation Online 11 (2012)
George Mason Law & Economics Research Paper No. 12-83

Abstract:     
Some have argued that the new first-to-file patent system is unconstitutional because the Constitution contains a principle that patents should be granted only to first inventors. In this Essay, I argue that, even accepting such a constitutional principle, a first-to-file system is permissible because it relies on a reasonable evidentiary proxy for determining the first inventor.

Number of Pages in PDF File: 7

JEL Classification: K23, O31, O34

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Date posted: December 12, 2012  

Suggested Citation

Chiang, Tun-Jen, First-to-File as a Rule of Evidence (December 11, 2012). 30 Yale Journal on Regulation Online 11 (2012); George Mason Law & Economics Research Paper No. 12-83. Available at SSRN: http://ssrn.com/abstract=2188102

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Tun-Jen Chiang (Contact Author)
George Mason University School of Law ( email )
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