Posted earlier this year in the IDEA: Intellectual Property Law Review, Volume 49, Number 3, this paper written by Michael F. Martin, Dean of Law School, Fordham University provides a historical perspective on the evolution and challenge to the First-to-Invent Rule of the United States Patent Law. While several proposals to the U.S. patent law have successfully resulted in amendments over the past decade - this amendment has withstood repeated attempts of passage since the early 1060's.
This article tells the story of how the United States came to adopt its first-to-invent rule of priority, and explains some of the ideological reasons for its attachment. On what seems to be the eve of its demise, this article maps out the extraordinary history of this singular American institution.
Read this article and learn more about this historic change being considered by the Senate this month.
Read other opinion pieces that oppose passage as it will effect small business, independent and faculty inventors and the American economy at large.