The Great Debate:
FIRST-TO-INVENT vs. FIRST-TO-FILE

Here We Go Again...11 Years Later...

IS THIS ALL NEW TO YOU? To learn about what inventor rights are, and to read a special report about the background of the U.S. Patent System, click here.

2005 Legislation

The Patent Reform Act of 2005
H.R. 2795

Stephen Paul Gnass started the INVENTION CONVENTION® trade show in 1986, and held the first Inventors VoiceTM Round Table Dinner in conjunction with the Invention Convention® trade show in 1988. Through these dinners each year, Gnass brought together industry leaders to inform and help educate them on pending patent legislation that was harmful to independent inventors.

In 1992, Gnass wrote "The Great Debate: First-to-Invent vs. First-to-File". This report was disseminated widely throughout the invention community as well as to media, resulting in articles being published in major publications such as the Wall Street Journal about the proposed changes in the patent system.

This report is still as relevant today as it was when it was written. It provides a historical perspective in regards to the founding father's creation of the U.S. patent laws. In addition, it explains when and how the grassroots efforts to protect the U.S. patent laws were started by the small business and invention communities.

It is also a great foundation for understanding the current proposed patent changes. While the specific bills in Congress, as well as some of the Congressmen and government officials may be different today, the overall theme of dismantling the core basis of the U.S. patent system by pretty much the same group of corporate entities and lawyers remains the same.

The grassroots education effort was a success, and the "First-to-Invent" system was maintained. Then U.S. Commerce Secretary Ronald H. Brown issued a press release on January 24, 1994 stating:

"At the heart of the patent harmonization talks was whether the United States would change its first-to-invent system to a first-to-file system, a patent system most nations use now". He is then quoted saying "the first-to-invent system has served us well in the past, and while the United States may move to first-to-file sometime in the future, I am not convinced that enough small inventors and entrepreneurs would benefit if we made a switch at this time."

This same year, the first inventors lobbying organization, the Alliance for American Innovation, was formed by Steven Shore to formally carry on lobbying for inventors rights.

Gnass continued educating the invention community by sponsoring the yearly Inventors VoiceTM Round Table Dinner and special inventor rights panels at the Invention Convention® trade show through 1998, when the Invention Convention® went online.

We would like to thank the many individuals and organizations who contributed to the success of the grassroots lobbying effort throughout the decade. Many of these same individuals and organizations continue to educate the invention community about new proposed patent changes.

But the U.S. patent system is a continuing challenge, and we encourage you to learn about the new proposed patent system changes and to become involved in any way that you can.

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