First-to-File as a Rule of Evidence
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
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
Date posted: December 12, 2012
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