Article I, Section 8, Clause 8 of the United States Constitution states:
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.
An inventor is a person who creates something new. With the Feinstein amendment voted down, S.23 now called “Invent America Act” changes the U.S. to a “First to File” country. This violates the Constitutional mandate. By changing our patent laws to a first to file rule, Congress is not securing the exclusive rights of inventors. It is taking rights from inventors and giving them the person who games the legal system most effectively – files first.
Congress cannot just ignore the definition of inventor. This is not Alice in Wonderland. The inventor is the person who first creates something. S.23, the “Invent America Act” is unconstitutional.
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