6 J. Marshall Rev. Intell. Prop. L. [i] (2006-2007)
Patent Reform Act's Proposed First-to-File Standard: Needed Reform or Constitutional Blunder, The; Simon, Karen E.

handle is hein.journals/johnmars6 and id is 149 raw text is: THE JOHN MARSHALL
REVIEW OF INTELLECTUAL PROPERTY LAW

THE PATENT REFORM ACT'S PROPOSED FIRST-TO-FILE STANDARD:
NEEDED REFORM OR CONSTITUTIONAL BLUNDER?
KAREN E. SIMON
ABSTRACT
The proposed Patent Reform Act of 2005 would bring U.S. patent law into harmony
with most other countries by adopting a first-to-file standard for determining patent
rights. This comment questions whether overturning the first-to-invent standard
and two hundred years of settled law is permissible under the Patent Clause of the
U.S. Constitution. The comment concludes that the Patent Reform Act of 2005, as
proposed, violates the Constitution, and supports its argument by placing into
context of the founding fathers fear of extending government monopolies. The
comment proposes that Congress focus on procedural reform, and not change the
fundamental standard for awarding patent rights.
Copyright © 2006 The John Marshall Law School
Cite as Karen E. Simon, Comment, The Patent Reform Act's Proposed
First-To-File Standard: Needed Reform or Constitutional Blunder?, 6
J. MARSHALL REV. INTELL. PROP. L. 129 (2006).

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