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

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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