At the Source - Patents War: First to File vs. First to Invent

Patents War: First to File vs. First to Invent @FileFirst

There's a little known court case that could have significant implications for US patent law, and the electronics industry should know about it. The case, which was recently filed in the United States District Court for the Middle District of Florida (Tampa Division), involves Florida businessman Mark Stadnyk who is suing the US government over the constitutionality of its patent legislation. Specifically, Stadnyk's case challenges that section of the Leahy-Smith America Invents Act (AIA), which awards patents to the inventors who are "first to file" with the United States Patent and Trademark Office (USPTO). Stadnyk's lawsuit favors the current first-to-invent system, which will be replaced in March 2013 by the first to file provision of the AIA, which President Obama signed into law last year. The first-to-file system is unconstitutional, Stadnyk's legal team asserts, be...

Full article: http://www.ebnonline.com/author.asp?doc_id=251843&section...