This note discusses the shift in the United States from a first-to-invent scheme to a first-to-file regime in patents, as provided by the Leahy-Smith America Invents Act. It discusses the historical patent regime in the United States and abroad. It then the Leahy-Smith Act's provisions and the putative constitutional bases upon which the act was passed. Finally, the note argues that the Leahy-Smith Act, and its first-to-file regime, is in line with Supreme Court precedent, creates a better system, and conforms to international standards more closely than the previous first-to-invent regime.
Public Disclosure and Moving the World Forward: Why We Need the America Invents Act,
40 Hastings Const. L.Q. 989
Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol40/iss4/8