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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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  • VI. KEY QUESTIONS: #1

    WHAT DOES THE U.S. CONSTITUTION STATE IN REGARDS TO THE TRUE INVENTOR'S INALIENABLE RIGHT TO RECEIVE A PATENT (EXCLUSIVE FRANCHISE RIGHTS) TO COMMERCIALLY EXPLOIT HIS IDEA EXCLUSIVELY FOR A SPECIFIED LENGTH OF TIME?

    The U.S. Constitution, signed on September 17, 1787, states in Article 1, Section 8, Clause 8 that Congress shall have the power:

      "to promote the progress of Science and Useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."


    On April 10, 1790, George Washington signed the first patent bill, which for the first time in the history of the world, recognized the inherent right of an inventor to exclusively exploit his invention in the Patent Act of 1790.

    Our forefather's encouraging attitude towards inventors was expressed by Thomas Jefferson when he stated,

      "the greatest obstacle hereto in prosecution of extensive works has been the want of sufficient capital; to remove, which it is necessary either that several individuals combine their funds, or that proper and adequate support be given by the government. The best mode of doing this is certainly by establishing liberal premiums for given quantities and qualities of the different articles manufactured...Nobody wishes more than I do that ingenuity should receive liberal encouragement." He wished to place immigrant artisans and their families "in opulence instead of leading a life of the most painful drudgery by which they can scarcely obtain the necessities of subsistence."(3)

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