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SPECIAL SUMMARY REPORT

THE GREAT DEBATE

FIRST-TO-INVENT vs. FIRST-TO-FILE

and the

INTERNATIONAL HARMONIZATION TREATY





TABLE OF CONTENTS

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Important
Instructions
for: Duplication,
Distribution, Use of
Information


Introduction

I.
Credits


II.
Foreword


III.
WSJ Article


IV.
Synopsis-Europe
Legislation


V.
Synopsis-U.S.
Legislation


VI.
Key Questions
#1 / #2 / #3 / #4
#5 / #6 / #7 / #8
#9 / #10 / #11 / #12 #13 / #14 / #15

VII.
Arguments & Rebuttals
At-A-Glance


VIII.
Closing Comments &
Recommendations


IX.
Notes



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  • IV. KEY QUESTIONS: #9

    WILL THE U.S. ECONOMY GAIN ANY BENEFITS FROM ADOPTING THE PROPOSED "FIRST-TO-FILE" SYSTEM?

    Donald Banner, former U.S. Patent Commissioner states in his article "Fleecing the Golden Fleece",

      "It is impossible to understand the current program attempting to increase the already burdensome tax on the creative output of those people who are inventors and to corrupt our patent laws so that increasing numbers of small inventors would be barred from participating in, and contributing to, the American economic system."

    Ned Conley in his essay "First-to-Invent: A Superior System for the United States", states that the quid pro quo for the exclusive rights granted under the patent system is the disclosure of new technology to the public, to increase the availability of such knowledge to others. Such disclosures encourage others to innovate, to bring forth their own inventions to compete with the patented invention. Thus, innovation builds on innovation, promoting the progress of the useful arts as contemplated by the Constitution."

    In this sense, the deterioration in the quality of patents, and scientifically unsound, sketchy disclosures, will not satisfy the intent of the Constitution. In fact, U.S. researchers and scientists usually find the patents of other countries pretty useless to their progress.

    In terms of the Patent and Trademark Office (PTO), it will increase the workload of the already overworked PTO by flooding it with sketchy "paper patents" and which will generate 3-4 times the work on each patent.

    And what will happen to the U.S. economy if the small business sector, which is responsible for 50% of U.S. innovation and employs more than two thirds of the labor force, finds it impossible to adapt to this ruthless, competitive, money-driven business environment?

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