International Harmonization of Patent Law: A Proposed Solution to the United States\u27 First-to-File Debate

As trade barriers diminish and global economies continue to expand, harmonization and enforcement of international patent protection becomes increasingly important. This note compares the U.S. system with other countries. It argues that the U.S. should harmonize with the rest of the world. Part I discusses the different systems for determining priority of invention and the recent movement towards harmonization of patent law. Part I also sets forth the recommendations of the 1992 Advisory Commission on Patent Law Reform relating to first-to-file. Part II presents the various conflicting arguments both in favor of and against adopting a first-to-file system. Part III argues that the United States should adopt a first-to-file system under the conditions specified in the 1992 Report From the Advisory Commission on Patent Law Reform. This Note concludes that the Commission Report presents a favorable solution to the first- to-file debate that will allow the United States to participate in and benefit from the forthcoming patent harmonization treaty