Well, we knew the day would arrive. Someone has challenged the legality of America Invents Act of 2011, the act that reformed U.S. patent law giving a patent to the "first to file" rather than the "first to invent" the invention being filed for.
As reported by Iulia Filip for the Courthouse News Service, "Mark Stadnyk and his company MadStad Engineering sued the U.S. Patent and Trademark Office, its director, David Kappos, and the United States of America, in Federal Court. Stadnyk says the America Invents Act (AIA), which took effect last year, is special interest legislation that favors big corporations at the expense of small businesses and individual inventors. Stadnyk claims the first-to-file system violates the Intellectual Property Clause of the Constitution, which states that patents can be awarded only to original inventors."
You can read the full report online: Inventor Challenges New U.S. Patent Law By IULIA FILIP
I know that many of my readers have been concerned about the new patent law for the same reasons that Mark Stadnyk has. Does it put the small inventor at a disadvantage? Will it increase the exploitation of independent inventors?