From The Hill, debate over "H.R. 1249, a bill that would mark the first major overhaul of U.S. patent laws in several decades."
At issue is whether changing the U.S. system from a "first-to-invent" system to a "first-inventor-to-file" system violates Article 1, Section 8, Clause 8 of the Constitution. That clause grants Congress 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."
Supporters of the bill, called the America Invents Act, argue that moving to a "first-inventor-to-file" system is in line with the Constitution and also has the benefit of moving the U.S. closer to the "first-to-file" system that most of the rest of the world uses.
"The bill's inclusion of a move to a first-inventor-to-file system is absolutely consistent with the Constitution's requirement that patents be awarded to the inventor," House Judiciary Committee Chairman Lamar Smith (R-Texas) argued.
But several Republicans and Democrats objected, arguing that the proposed change would put in place a new requirement that inventors file for their patents first in order to be awarded rights that they should already have under the Constitution by having invented a novel product or process.
Recent controversy has kicked up over the patent process, especially the recent tendency of patent trolls to purchase patents and hunt around for anyone who might - even loosely - be violating it.
Thoughts about the bill:
- The America Invents Act (HR 1249) – A Bad Law That Will Change Your Life.
- Rep Conyers Speaks Out Against HR 1249.
- House Debate on Constitutionality of H.R. 1249 – America Invents (NOT) Act.
