First-to-File as a Rule of Evidence
7 Pages Posted: 12 Dec 2012
Date Written: December 11, 2012
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: Suggested Citation