Perspective
Aug. 5, 2011
First-to-file in the unpredictable arts: Change in law requires balancing of competing interests
Change in the law aligns the U.S. with the rest of the world's patent systems, but at what cost? By Michael Shuster and Nicolas Hurt of Fenwick & West LLP
By Michael Shuster and Nicholas Hurt
Currently pending before Congress is the "America Invents Act." Although patent reform has been proposed several times in the past decade, this year its imminent passage is widely expected. Among the bill's dramatic changes is a switch from our patent system's current first-to-invent regime (a feature unique to American patent law) to a first-to-file system. This hotly-contested change aligns the United State...
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