Monday, June 06, 2011

Does text in Stanford/Roche presage problems for first-to-file?

The first sentence in the Supreme Court decision of June 6, 2011:

Since 1790, the patent law has operated on the premise
that rights in an invention belong to the inventor.

The last substantive sentence of the decision:

The only significant difference is that it does so
without violence to the basic principle of patent law that
inventors own their inventions.

Query: is the inventor the first to file at the Patent Office or the first to invent, and,
if the latter, will there be problems for the "first to file" provision
of the proposed patent reform?


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