A New Prefiling Strategy — But Is It Constitutional?

Law360, New York (March 5, 2012, 1:20 PM EST) -- During the first class of the semester, I always play out the following scenario with my students: An inventor comes into your office with her invention and wants to know if she should patent it. What do you do? We discuss all of the standard questions to ask the inventor, including: “Have you publicly disclosed your invention?” “Do you want foreign patent protection?” and “Did anybody help you to develop this invention?”

The discussion always turns to whether the invention should be patented, or if better...
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