Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Morpheus2009

This should be found unconstitutional. I don’t know who will file the suit, but the Constitution recognizes the rights of “inventors”.

SCOTUS will need to decide whether being the second to think up an invention but first to file makes you an “inventor.” Put another way, can one invention have several separate “inventors”?

I can’t say which way they would rule.


11 posted on 09/16/2011 9:50:49 AM PDT by Atlas Sneezed (Are you better off now than you were four trillion dollars ago?)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Beelzebubba
"This should be found unconstitutional. I don’t know who will file the suit, but the Constitution recognizes the rights of “inventors”.

One big problem here could be the issue of Trade Secrets. If I am an "inventor" who has developed something, but I choose to keep it secret for whatever reason, then somebody else can come along and patent the idea (by theft, or otherwise) under First To File. This wouldn't be possible under First To Invent.

I agree that the constitutionality of the final bill should be examined.

Ultimately, this bill will probably help Asian tech companies more than improving American competitiveness.
18 posted on 09/16/2011 10:21:47 AM PDT by indthkr
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson