First-To-File: Is American Adoption of the International Standard in Patent Law Worth the Price?

Friday, January 1st, 1988 at 12:00 am by Charles R.B. Macedo
Charles R.B. Macedo, First-To-File: Is American Adoption of the International Standard in Patent Law Worth the Price?, 1988 Colum. Bus. L. Rev. 543

For 150 years the United States Patent and Trademark Office (the ‘Patent Office’) has used a ‘first-to-invent’ priority system to determine which of two or more rival applicants is granted a patent when they file for the same invention. The Patent Office recently announced its willingness to adopt a ‘first-to-file’ priority system at a meeting of the World Intellectual Property Organization (‘WIPO’). In a world that constantly grows smaller, a single international standard of patentability for all industrialized nations would have tremendous advantages for a patent exporting country like the United States.

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