Aleem properly filed for a patent on a new machine with the U.S. Patent and Trademark Office. Erin, who had been working on the same type of machine was furious when she learned about Aleem's filing. She presented proof that she had actually invented the machine first but had not yet prepared the paperwork for filing at the time of Aleem's filing. Assuming no wrongdoing on the part of either party and that they developed the machine independently, which of the following is the correct resolution of the dispute?
A) Erin will win and possess all rights to the patent under common law because she first invented the machine.
B) Aleem will win and possess all rights to the patent under common law because he was the first to file for a patent.
C) Under common law, Erin and Aleem will share rights to the patent on a 50-50 basis.
D) Under the America Invents Act, Erin will control rights to the patent because she was the first to invent.
E) Under the America Invents Act, Aleem will control rights to the patent because he was the first to file.

Question

Quizplus · Accepted Answer

The America Invents Act changed the U.S. patent system from a "first to invent" to a "first to file" system, meaning that the rights to a patent are granted to the first person to file a patent application, regardless of who was the first to invent. Therefore, Aleem, who filed first, will control the rights to the patent.

Aleem Properly Filed for a Patent on a New Machine