A First-to-File system, however, necessarily leads to a race to the patent office, which leads to half-baked patent applications.
In the US, we create original and innovative products, which are copied and sold back to us as counterfeit goods by foreign infringers. Gigaom, Inc.
Under the first-to-invent system, when two people claim the same invention, the USPTO would conduct an interference proceeding between them to review evidence of conception, reduction to practice and diligence.
For simplified illustrative purposes, Parties "A" and "B" and their invention "Widget" will be used below. Therefore, encouraging an inventor to build a working prototype by allowing the time to do so, resulting in the disclosure of an even "better" best mode practice makes perfect is good public policy.
For a number of years there have been unsuccessful attempts to change the US patent system from a First-to-Invent to a First-to-File system. Replacing the first inventor with the first filer, as proposed in the Reform Act ofmay not be exactly what the Framers of the Constitution had in mind.