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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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  • I. CREDITS

    This report represents a compilation and summary of the following works. Phrases in quotes are the exact words of the authors. Additional sources are referenced in footnotes.

    "Fleecing the Golden Fleece" (and other articles)
    by DONALD W. BANNER


    Mr. Banner is a partner in the firm of Banner, Birch, McKie & Beckett in Washington D.C.
    Positions formerly held:

    • U.S. Commissioner of Patents and Trademarks
    • Chairman of the American Bar Association, Section of Patents, Trademark and Copyright Law
    • President, American Intellectual Property Law Association
    • President, International Patent and Trademark Association


    "First-to-Invent: A Superior System for the United States"
    by NED L. CONLEY

    Published in the St. Mary's Law Journal, Volume 22, Number 3

    Mr. Conley is the senior member of Conley, Rose & Tayon specializing in litigation. Mr. Conley has taken the lead in a number of nationally publicized cases before trial and appellate courts as well as the United States Supreme Court, and is a widely-known lecturer and author in the intellectual property field of law.


    "Issue Alert-Innovation in Small Firms" July 1986
    Published by the U.S. Small Business Administration
    Provided by WILLIAM K. SCHEIRER

    (along with other special reports and data)

    Mr. Scheirer is an Economist of the U.S. Small Business Administration, Office of Advocacy, and for the past 11 years has researched, compiled and written many reports on key issues of concern to small businesses and U.S. innovation.


    "A Bill to promote the Patent System"
    by B. EDWARD SHLESINGER, JR.

    (U.S. Constitution and historical excerpts have been compiled from Mr. Shlesinger.)

    Mr. Shlesinger, partner in the firm Shlesinger, Arkwright & Garvey in Virginia, is a holder of 118 U.S. patents, author of several books and video tape programs on inventing, and the first recipient to be awarded the "Donald J. Quigg Excellence in Education Award" by the Patent and Trademark Office Society in recognition of his outstanding efforts to foster America's future innovators through PROJECT XL, 1990.


    Special thanks for other information and data provided by:

    DON G. COSTAR

    Mr. Costar is the founder of the Nevada Inventors Association, and Editor of The Nevada Inventor.



    Publisher & Editor
    Stephen Paul Gnass

    Senior Editor
    Marsi Baez

    Research Director
    Karen V. Doulac

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