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First-to-File as a Rule of Evidence

7 Pages Posted: 12 Dec 2012  

Tun-Jen Chiang

George Mason University School of Law

Date Written: December 11, 2012

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.

JEL Classification: K23, O31, O34

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: https://ssrn.com/abstract=2188102

Tun-Jen Chiang (Contact Author)

George Mason University School of Law ( email )

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