Working Paper No. 12-83:
First-to-File as a Rule of Evidence

Author(s):

Tun-Jen Chiang

Date Posted: December 2012

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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.