USPTO Defends 1st-To-File Patent System To Fed. Circ.

Law360, New York (November 21, 2013, 7:58 PM EST) -- The U.S. Patent and Trademark Office last week urged the Federal Circuit to reject an appeal claiming the first-to-file patent system mandated by the America Invents Act is unconstitutional, arguing that the plaintiff's case is based on "the purest form of speculation."

In a brief filed Nov. 14, the USPTO asked the court to affirm a judge's May decision to dismiss the suit by MadStad Engineering Inc., which claims that the new system of awarding patents to the first person to file an application, rather than...
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