A post from our student blogger Roberto

Classes are wrapping up as the snow starts to fall here at the Golden Dome.  As the semester draws to a close the work in the MSPL is doing just the opposite.  For example, the major component to this semester’s capstone course is a two hour long technical presentation which is given at the end of the semester.  This presentation includes a summary of your invention, descriptions of the prior art (which is material related to your invention that has previously been publically disclosed), what you see as potentially patentable, and what your proposed claims are.  Thankfully, we have done a large portion of this work through our classes already.

As many of you may have already discovered, through your own research or other determinations, the MSPL program at Notre Dame is exceptional.  While I could sit here beat you over the head with a bunch of different reasons why I think it’s a great program, which I and other student bloggers have previous outlined, I think what you are really looking for is results.  Students that graduated from the MSPL in past years have enjoyed great success, but what about this year’s class?  Many of us have already been contacted by multiple high profile law firms and are accepting offers well before the semester is over.  For a new program still gaining traction and attention this is some great validation of what is going on at Notre Dame.  During interviews I have been through, much of my time has been spent explaining what exactly the MSPL is and what we have learned.  I love getting asked those kinds of questions because it’s great fun being in a cutting edge program like the MSPL.  I strongly believe that programs like the MSPL will continue to flourish and rapidly expand because of the demonstrated need in the workforce.  In a lot of ways I feel like I entered into this field at just the right time.  With the intellectually property field expanding like never before there will always be work to be done and opportunities to be had.  In addition, the MSPL puts you ahead of the curve and in position to hit the ground running from day one.

In other Notre Dame News, one of the many opportunities that has been made available students this semester is an upcoming business pitch competition.  The competition has a preliminary stage and then three teams are selected to give a final pitch to Kevin O’Leary from ABC’s hit television show, Shark Tank.  Another great thing that is going on here at Notre Dame is the McCloskey business plan competition that I mentioned in one of my previous posts.  For anyone interested in how small businesses are started and run I highly suggest visiting the competitions page and keeping tabs on it throughout the course of the year.

A post from our student blogger Megan

“So I made this thing…and I was wondering,” or “I came up with this great idea, what should I do with it?”  When I tell people for the first time that I am a patent attorney, these are the kinds of curious inquiries I typically encounter.  These are great questions and the “lawyer answer” that I normally give is, “it depends.”  See, there are two types of inventors.  First, there are large-scale inventing entities such as corporations or research institutions that hire those who have skill in a particular art to create new ideas and ultimately obtain patent protection.  Second, there are independent inventors who think of new concepts and jot them down on a napkin or work on them inside their garage.  Both types of inventors are well-represented globally with respect to issued patents.  There are, however, some very important concepts that independent inventors need to understand before diving into the patent process.  We’ll briefly explore some of these ideas below but when in doubt it is always best to seek the assistance of a patent attorney or agent.

One of the first things to consider when filing a patent application is what a patent will provide an inventor.  A common misconception is that a patent will allow an inventor the right to make and sell the invention freely.  In fact, according to federal statutory law 35 United States Code § 154, a patent will not allow an inventor to do anything of the sort, but in reality it gives the “right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.”  Along the same lines, potential patent seekers must note that the grant of a patent does not guarantee automatic financial gain.  During his capacity as the director of the Office of Public Affairs for the U.S. Patent & Trademark Office, Richard Maulsby, stated that “[t]here are around 1.5 million patents in effect and in force in this country, and of those, maybe 3,000 are commercially viable.”  Besides merely applying for protection of an invention, marketing, licensing, and maintaining a patent are incredibly important decisions to plan out for anyone who wishes to seriously patent and then attempt to make a profit from an invention.

Another important thing for the independent inventor to consider when applying for a patent are the multitude of obstacles that he or she faces during patent prosecution.  Patent prosecution is the procedure of drafting an application, submitting it to the Patent & Trademark Office, going through a likely series of rejections, and possible appeal, all through a likely lengthy wait time.  At the time of filing a patent application, the applicant must certify that his or her application is enabling, or a person having ordinary skill in the art is capable of making the invention as it is described in the application.  The applicant must also show that the invention itself is novel, or new, and non-obvious.  Application reviewers, or examiners, at the Patent & Trademark Office will look over an application to make sure that all of the aforementioned criteria is met.  Normally, examiners reject applications on the basis that the applicant has not fulfilled his or her obligation of enablement, novelty, or non-obviousness, or for a variety of other rejections.  The applicant may respond to these rejections and thus a lengthy process of back-and-forth communication with the Patent & Trademark Office begins.  According to Patent & Trademark Office statistics in 2013, the average length of prosecution time was 18.2 months.  Many prosecutions, however, go well into several years in length.

Independent inventors must be aware of the obstacles that they face when endeavoring toward a patent.  However, they must also consider the great benefits of doing so as well.  There are thousands of inventors who happily report their successes that originally stemmed from a patented invention.  Just ask Qualcomm company leaders.  Qualcomm is a technology innovator that boasts claim to over 13,000 patents.  Qualcomm treats patents like prizes and proudly displays them for the entire world to see on their famous wall of patents located at their headquarters in San Diego, California.  Patenting may be a long and arduous process but it is worth it for many.  And remember, “he who doesn’t take risks, doesn’t drink champagne. –Russian proverb.

A post from our student blogger Catie

This past weekend was full of excitement for the MSPL students! It was a bit of an anomaly, as we usually don’t have as many events taking place in one weekend, but our MSPL group always manages to make our time together fun!

We started out on Friday, November 7^th with a road trip to Chicago to attend the USPTO Roadshow at the Chicago Public Library. All of the attending MSPL students traveled together and had quite the adventure making our way through the city. We arrived at the Roadshow, which was a forum that was traveling through multiple locations in the Midwest. Although the bulk of the forum concerned the Patent Trial and Appeal Board (PTAB) and the responsibilities of PTAB judges, we were lucky to have one of the visiting judges who was mediating the forum sit with our group and provide background information on PTAB procedures and regulations. In the MSPL, we really focus on learning patent prosecution (drafting patent applications) and the patent laws from the MPEP that greatly concern the drafting and prosecution process, so having someone explain what was going on was incredibly helpful while the rest of the forum debated decisions of action in a mock appeals trial. Our trip to Chicago provided insight into a different facet of patent law and was an opportunity to consider our prospects of pursuing a career with the PTAB.

On Saturday, we took turns doing shifts at South Bend’s annual Stuff-A-Bus event. This is a fundraiser that takes place at all of the local supermarkets, and each store sets a goal to fill an entire school bus with canned goods for the local food bank. We were paired up and spent our shifts encouraging shoppers to donate food or loose change, organizing the donations received, and thanking all of the contributors for their support to the cause. Although it was not directly patent law related, it’s great to have a chance to interact with the community outside of Notre Dame and give back to the city that houses our school. Not to mention, the other volunteers made it incredibly entertaining as well! On top of volunteering, we also had to submit our first drafts of the claimset for our individual capstone projects by the end of the day. It’s exciting to finally be putting what we have learned into action, but claim writing is pretty difficult, so turning in our first drafts was an experience that we all shared as being a little scary. Remember: there’s solidarity in numbers!

Finally, I capped off my weekend by ice skating at Notre Dame’s Compton Ice Arena. On Sunday, the university held an event offering free admission and skate rental for graduate students; and they even had free cookies and hot chocolate! Compton Ice Arena is a beautiful facility that is home to the Fighting Irish hockey team. It was a good ending to my weekend to have some fun on the same ice on which the collegiate players compete! Also, as an avid Blackhawks fan, I couldn’t pass up the opportunity to skate on the same ice that my favorite players graced during their training camp. All-in-all, it was a tremendously busy weekend, but it was time well spent with the MSPL cohort!

A post from our student blogger Roberto

As some of the other student bloggers have written, there are many different career paths available to patent agents.  When I first was researching patent law these options were not as clear to me as they are today and I figured this would be a great venue to shed some light on them for perspective students.  The following are a few of the limitless options a patent agent may consider during their careers.

What is perhaps most common is for a patent agent to practice in a typical law firm.  In this capacity, a patent agent would likely spend most of their time prosecuting patents.  The prosecution of patents involves all the activities that are involved as a patent moves from the initial disclosure from the inventor all the way through all of the various filings with the USPTO.  It is easiest to think of patent prosecution as everything but patent litigation, which is where there is some sort of legal altercation between parties involving the patent.  Patent agents can always be involved in the litigation process as advisors or assistants but patent agents are not permitted to argue before court since they are not registered attorneys.

Patent agents can also get involved in intellectual property valuation.  This is a particularly interesting career path that involves knowledge of the technology, the strength of the patent, as well as complex valuation techniques that are combinations of economic and financial theory as well as applied mathematics.  Patent agents can be great valuation assets because they understand what makes a great, defensible patent.  Intellectual property valuation is important in a number of instances such as when a company is trying to purchase a patent from another company or when evaluating a company’s total assets which often include various pieces of IP.

As I am sure you know by now patent examiners and patent agents get to know each other quite well during their careers.  What you may not know is that a patent agent can also become a patent examiner with the USPTO or even the World Intellectual Property Organization (WIPO), European Patent Office (EPO), or other international patent office. A career as a patent examiner is fast paced and you are constantly seeing new things.  It is rewarding because you work with patent practitioners to protect all sorts of inventions.  A career as an examiner with the USPTO is of interest to many young patent agents because there are many unique benefits.  For one, the USPTO is committed to expanding its offices from its original location in Alexandria, Virginia to new locations in Dallas, Denver, Detroit, and Silicon Valley.  This will allow for examiners to live in many different locations rather than being tied to one particular geographical area.  Another benefit is that examiners typically have the opportunity to work from home after a certain point in their careers which is uncommon in this line of work.

No matter what career path you choose a career as a patent agent promises to be interesting and rewarding.  As to which path I am leaning towards at this time I will say this:  I am not quite sure.  True to my nature, I plan on charting my own course and combining my interests and values into something uniquely rewarding.  I hope this short blog post on career paths was informative and has shed light on the many possibilities that come with being a patent agent.

A post from our student blogger Megan

The Master of Science in Patent Law program at the University of Notre Dame du lac is a dynamic group of science and engineering majors: each MSPL member brings his or her own unique background to the group.  It has been a fun and interesting three months getting to know each one of these individuals.  I sat down with one MSPL student to discuss her background, progress in the program, and her goals afterward.  MSPL candidates are fortunate because this year will not only be filled with learning about patents, it will also be filled with new friendships and life-long bonds forged within the cohort.  Read on to learn about one of the members of Notre Dame’s MSPL program, Lauren Berenato:

How did you find out about the MSPL program?

“My aunt, who is a Saint Mary’s alum, forwarded me an email from the Notre Dame Alumni network which mentioned a certificate program in patent law.  After reviewing the website I decided to go for the Master of Science in Patent Law as opposed to the certificate because I felt it was a great investment both financially and educationally.” 

What is your favorite class in the program and why?

“It is hard to choose my favorite class.  I would have to say it is a tie between patent application drafting and patent prosecution.  Patent application drafting is a great setting to learn the daily ins and outs of patent application drafting within a law firm scenario.  The professor is a very experienced attorney who has an endless amount of wisdom for drafting patent applications.  The learning curve in this class is steep but the assignments really challenge every student to perform their best.  Patent prosecution is a great class for understanding and learning the rules of the MPEP.  This class will be very useful when it comes to taking the patent bar.”

Give a brief overview of your capstone project.

“My capstone project is developing a paper analytical device for iodine level testing with the Sandell-Koltoff reaction reduced to parts per billion analysis.” 

What do you hope to learn from the program?

“I hope to learn enough during this one year master’s program to put me on the same level with a patent attorney who has two or three years of experience within a patent law firm.”

What is the most surprising thing about the program?

“The most surprising thing about the program is the challenge of the technical electives.  Taking six credits outside the patent law core classes is challenging to stay on top of along with the requirements of the core classes.  I have learned so much in my electives, though, and they are very interesting especially my epidemiology class.”

What is your educational and work background?

“I have an undergraduate degree in industrial engineering with a minor in engineering leadership from Lehigh University and I have a Juris Doctorate from Widener University.  Upon graduation from law school I worked in a small law firm specializing in bankruptcy law.”

How does the MSPL program differ from your law school experience?

“The MSPL program differs in many ways, which were a bit of a shock at first.  In law school you typically only have one exam per semester, and that exam is your final, which is one hundred percent of your grade.  Therefore, law school is very laid back in the beginning of the semester and very intense starting around Halloween because most students begin preparing for their finals at that time.  The MSPL cohort has homework, quizzes, and reading for every class each week; therefore, there is a constant business with academics in this program.  Having in-class quizzes on reading assignments is not something that I have done since high school because in undergraduate all of my quizzes were math or science quizzes.  I have had to adjust my study habits to go along with the ebb and flow of the MSPL program.  I do feel that I have a bit of an advantage since I have attended law school in regards to multiple choice questions and understanding the legalese in certain classes.”

What are your goals when the program ends?

“My personal goals are to obtain a job within a firm on the East Coast.  I am originally from the Philadelphia suburbs and I would love to be back in the Philadelphia area after graduation.”

A post from our student blogger Roberto

It has been a fast couple of weeks studying at Notre Dame but now fall break is finally upon us. While many of my classmates in the MSPL are returning home this break to warmer climates than Indiana I ventured north.  I wanted to share a video with you that may shed a little light on where I’m from.  The video captures the spirit of many Wisconsinites and it seemed fitting for this time of year.  While I was home I had the chance to spend some quality time with my family and friends.  Seemingly everyone I saw over break seemed to ask me about Notre Dame and how I was liking patent law.  Many of my friends are engineers and were curious as to how I felt about my decision, to pass on a highly sought after job opportunity last May and instead continue my education, in retrospect.  I told them I could not be happier that I took that chance and that I was excited to see where this new chapter in my life would take me.

After a while I realized just how little most people understand about patent law.  The problem seems to be due to the fact that patent law is such a specialized area and that it is not something you can easily describe or understand in its entirety.  While there are countless television shows and movies glorifying the day-to-day lives of attorneys, the field of patent law is largely ignored.  This is one reason why I am excited to say that I will be a part of an upcoming presentation on patent law at my alma mater given by Dr. Deak, the Director of the MSPL program here at Notre Dame.  I am really looking forward to providing students with some insight into what the career path and transition looks like for an engineer considering patent law.  When I applied to the MSPL I had very little exposure to patent law and there were plenty of unknowns.  Many of my friends said they would have been hesitant to go into patent law because they saw it as a completely different field.  I want to help show students that there are so many similarities and just how special the program at Notre Dame is.  In particular, the Bootcamp offered at Notre Dame does a great job of getting everyone on the same page and ready for the year ahead.

Even though we have been on break there is a ton of work to do.  For our patent application drafting class we worked through the entire process of writing a patent application once and now we are working on our second application starting first with the search report.  In our patent searching class we are working on an assignment using complex searching strategies to find elusive search results in patent databases such as Patentscope and Espacenet.  In my elective I am working on a computer face detection program that uses a laptop’s webcam to identify a student from a pre-loaded database.  All the while I am working closely with the inventor for my capstone project to craft a patent that will stand the test of time.  There is never a dull moment in the MSPL and break has been no different.  In the next few weeks we will start working through our PLI study kits to prepare for the patent bar exam and our first term of classes will finally be wrapping up.  Taking some time away from the classroom was reinvigorating and now I am recharged and ready to finish this term at full speed.

A post from our student blogger Catie

Recently, a U.S. patent was presented as evidence online to support a theory that the U.S. government created the Ebola virus. Considering it was a patent, I had to check it out for myself! If you google ‘google patents’, it will take you to a patent database provided by Google where you can perform your own patent search on any subject you can imagine. You can also see the ‘Ebola patent’ by googling US20120251502 A1 or searching ‘Ebola virus’ in Google patents.

After taking a quick look at the patent, I noticed a few problems with it. Firstly, this is not a granted patent. If you look at the gray box at the top of the screen, you will see that under ‘Publication Type’, it is listed as ‘Application’. This means that this is simply a published patent application, which is what happens to all patent applications that are submitted to the USPTO. For reference, do a Google patent search of patent 5,000,000. This is a patented invention, and under ‘Publication Type’, it says ‘Granted’. Next, do a Google patent search of ‘godly powers’. This is a completely ludicrous patent application, but it is indeed still published. This goes to show that the Ebola virus has not been patented, and its publication status does not necessarily speak to its legitimacy.

As I continued to go through the patent, it raised some red flags for me that all descriptions of the invention and even the claimset claims ‘an isolated human Ebola virus’. Natural phenomena are not patentable! An invention must be a new, useful object or method that was created by humans for the benefit of others and must be capable of being reproduced by a person skilled in the art of the invention. On public PAIR, which is another patent database, I looked at the office actions that have been sent regarding this patent up to the present day, and it actually was rejected on a 35 U.S.C. section 112 violation. This means that the examiner did not find the application to describe the invention in clear enough terms for it to be reproduced or utilized by the public.

I was incredibly surprised to find that the application did not also have a 35 U.S.C. section 101 violation in that ‘an isolated virus’ does not meet the criteria for a useful invention. However, in the discussions of this patent application on Google patents, it was pointed out that the isolated virus in which they are claiming is some sort of weakened version of the virus that was likely isolated for research purposes. If that is the case, then the ‘patentable subject matter’ issue may be slightly less of a problem. Nonetheless, we have been learning that in patent application drafting, it is best to be upfront about why the invention at hand is new and useful so that it may be absolutely clear to anyone who reads it that it is indeed deserving of a patent! This patent application simply describes the physical characteristics of the isolated human Ebola virus, with no description of how to synthesize or use it! Based on the other office actions that have been made in the case of this patent application, I think the inventors still have a long road ahead of them before they can hope to have the patent granted. So no worries, everyone: no one yet owns the exclusive rights to Ebola!

A post from our student blogger Roberto

The past few weeks have blown by like a finely crafted Italian sports car on the Nürburgring.  Fall break is finally upon us and we have taken our first midterms.  We have also all received our Patent Bar review kits from the Practising Law Institute (PLI).  These robust study aids were provided to us by Notre Dame to help us prepare for the rigorous Patent Bar exam that awaits our imminent arrival.  For anyone considering a career as a patent agent, you should know that the Patent Bar is one of the most difficult standardized tests with a pass rate of 46.8% in 2013.  It is also one of the least taken with only 2766 exams being taken in 2013.  With only around 40,000 active licensed members nationally, patent agents are always in demand.

One of the nicest things about Notre Dame is how much is always going on at school.  During bootcamp we were lucky enough to have a guest speaker come in and give an almost day long presentation on intellectual property.  The presentation was open to the entire campus and surprisingly, since it was the week before the start of classes, many other students took advantage of the opportunity as well.  During the question and answer session one of the students stated that he was an aspiring young entrepreneur.  After the lecture was over and we were all walking out I made my way over to talk to him.  I just wanted to let him know that I had been through some of the entrepreneurship process before, both with my family business and with a startup business I had explored as an undergraduate student, and that I would love to talk with him about my experiences.  We ended up exchanging phone numbers and have met for lunch a few times since.

A few weeks ago I came up with a pretty cool business idea while sitting in class.  I knew right away that my new friend would be the perfect person to start this endeavor with me.  I spent a few days perfecting the idea in my head and met with him later that week.  After I shared my vision with him he was sold.  We decided to enter the McCloskey business plan competition here at Notre Dame together and have begun the process of assembling a team comprised of students from a wide array of backgrounds.  While it is still early on in the process I can say without a doubt that it has been a very rewarding experience.  Even though I cannot guarantee our venture will work out, I am so thankful that Notre Dame has made it possible for us to give it a shot.

I could not publish this post without mentioning the incredible game Notre Dame played against Stanford a few weeks ago.  Despite the rainy and chilly conditions throughout the entire game the sellout crowd stuck it out.  It was an incredibly close game with tremendous momentum swings between the two legendary foes.  The adverse conditions only served to enliven the crowd and strengthen their resolve as the Irish beat the Cardinal with a last second touchdown right in front of the student section.  Long after my days on campus are over I know that memory will stick with me and remind me that when the going gets tough, it’s time to get tougher.

A post from our student blogger Megan

Every year the MSPL students get the distinct honor of working with Notre Dame research scientists and professors who have developed a novel method or tangible item that is in need of patent protection.  The students work hand-in-hand with these Notre Dame faculty inventors to formulate a patent application on the inventor’s idea.  The process is a ten month learning experience and involves understanding the inventor’s concept and then writing a claim set and ultimately developing a complete patent application with respect to the invention.  This process, while it appears quite succinct, requires lots of interaction and devotion of time to interviews with incredibly talented inventors.

The class that involves this thesis project is called “Capstone.”  The class itself meets one to two times per week, but it is the work that goes on outside the classroom that truly shapes the Capstone experience.  In general, my Capstone thesis project is a novel combination of washing, staining, and imaging a sample of tumor tissue all in one tiny device, resulting in a three-dimensional view of the tumor and its entire environment.  “So what?”  You ask. Well, this isn’t any regular biochemistry lab function; in fact, this is a genius collaboration with far-reaching diagnostic effects fabricated by three separate labs here on Notre Dame’s campus.

You see, up until now, in order to determine whether a patient had breast cancer or not, a fine needle biopsy was taken from the patient and then sliced into hundreds of small two-dimensional pieces.  These slices were each painstakingly mounted on separate slides, stained, and imaged under a microscope.  If you wanted an idea of what the entire tissue environment—and not just a sliver of the area—looked like, an extra step was added to this already complex method:  examiners would feed the microscope images into a computer program and attempt to piece the pictures back together to get some sort of image of the tumor and its surrounding area.  My capstone invention is groundbreaking because it proposes to keep the tissue surrounding the tumor completely intact.  This is important because it will lead to more accurate and informed cancer diagnoses.  Currently, pathologists make cancer treatment recommendations based on very small, two-dimensional biopsy samples, or the pieced-together computer generated methods.

To arrive at this understanding I have had the opportunity to get to know four inventors, invade each of their labs, and meet with them countless hours to discuss their invention.  Perhaps the most surprising thing about conversing with each one of them is their level of enthusiasm for what they have created.  You might be under the misconception that scientists and engineers are a little boring.  My four inventors are just the opposite.  Their faces each light up with excitement when they get the chance to explain why this invention is so important.  And just as they beam with passion over what they’ve discovered, they just as quickly bubble over with delight when they get to show you how they came up with the idea.

Because of my inventors’ fervor for discovery, my days are full of interest and purpose.  Take some time today to thank the scientists, engineers, researchers, educators, and anyone else you know who has worked tirelessly and thanklessly on new ideas that ultimately heal our society or just plain make our quality of life better.  They deserve some praise—so insist on it—even though they probably won’t want to take the credit.

A post from our student blogger Catie

As we have discussed before, patents grant their inventors exclusionary rights to the particular idea at hand. Think for a minute about all of the inventions in the world. Have you ever had a light bulb moment where you think of an idea and then joke around with your friends about how you should patent it? Have you ever considered that another person somewhere in the world may have had the same idea? With these thoughts in mind, consider how crazy the patenting process can be when multiple inventors are trying to patent the same invention! This happens quite often, particularly in the fields of science and technology where inventors are racing to find a viable method for treating cancer or to create the next big breakthrough in computerized widgets, respectively. Sometimes it really does come down to a race between inventors to see who is granted the patent!

There can only be one patent per invention, so you may be wondering at this point: who gets the patent? All countries follow a First-to-File (FTF) system to delegate who gets those rights. This means that whoever is first to file a patent application for the invention gains the exclusionary protection of this idea. This system has not been around very long in the USPTO; as a matter of fact, we were the last country in the world to adopt this system! The First-to-File system was enacted in the United States in March of 2013, along with tons of other new rules that were introduced as part of the America Invents Act (AIA). Basically, all that you need to know about AIA is that it enacted many new ‘rules’ that were basically just updated forms of patent rules and regulations that were already in place. Therefore, after March 2013, the first inventor to file a patent application of a particular invention with the USPTO was exclusively given the right to the grant of a patent in the US, regardless of whether or not that inventor was the first to actually invent it. Also, keep in mind that this does not guarantee that the invention will definitely be granted a patent or that it will be commercially successful. First-to-File simply grants the inventor the right to claim the invention with the potential to be patented!

Before the US utilized the First-to-File system, we had what was called the First-to-Invent (FTI) system. This system granted the protection of an invention to the inventor who could produce proof that he or she was the first person to conceive the idea and reduce it to practice. This demonstrates the importance of the inventor to keep a detailed lab notebook of ideas and the dates on which they occurred or were discussed. It is fairly easy to see how the First-to-Invent system could potentially be much messier than the First-to-File system. Providing legitimate proof that someone was the first person to conceive an idea and produce the invention can be very difficult and runs the risk of being based on arguments of personal accounts or biased evidence. If we are dealing with an invention that is pending a race between inventors to obtain a patent, then this whole situation can turn into a “who’s on first” argument in litigation of “who invented first”. The First-to-File system foregoes the arguments and confusion that must be delegated by the USPTO of who invented first and simply grants those rights to whomever was first to file their patent application. I think we can all agree that this was a smart move by the USPTO!