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View Diary: Why Patents Can Stifle Innovation (74 comments)

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  •  "First to file" may be unconstitutional (0+ / 0-)

    IANAL, but the Constitution specifically allows Congress to grant patent rights to Inventors.  By its normal definition, the first to invent or discover something is its Inventor, no matter who is first to file or publish.  So this "harmonization" will probably get challenged as soon as a deep pocket gets burned by it, and the outcome will depend on what SCOTUS decides is the legal meaning of Inventor.

    Better to hide your tax returns and be thought a crook than to release them and remove all doubt. [Adapted from Abraham Lincoln]

    by Caelian on Sat Oct 13, 2012 at 03:09:17 PM PDT

    [ Parent ]

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