Next year the USPTO will adopt a "first-to-file" patent system. Justin Paulsen explores possible consequences.

The US currently operates on a "first to invent" patent system. The first person to demonstrate inventorship is the one who has priority. In a "first to file" system, the first entity to file for a patent application has priority, regardless of prior publications detailing an invention. America will switch to the first to file system next year, and the consequences on innovation will be noticeable.

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