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Although the legislative switch to a "first-to-file" system invokes the idea of eliminating priority contests between two competing inventors, some proponents of first-to-file systems are actually asking for a more expansive absolute novelty system.

Switching the US to an absolute novelty system would have three primary disruptive components: (1) ending interferences and other priority contests; (2) ending the ability for patentees to avoid putative prior art by proving an earlier invention date; and (3) ending the grace period for an inventor's own prior disclosures. These changes would impact the law as applied both in prosecution and litigation.

In this survey, I am hoping to get a sense of the relative importance of these changes. The survey should take only about five minutes to complete.

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1. Rank the following changes to US patent law according to their level of disruptiveness to the current system. For advocates of a legislative change, the most disruptive changes may be positive. Others may see the changes as having a negative impact.

  1 (Most Disruptive) 2 3 4 5 6 (Least Disruptive)
Prosecution: Eliminate Interferences at the PTO
Prosecution: Eliminate an Applicant's Right to Antedate (Swear Behind) Asserted Prior Art References
Litigation: Eliminate a Patentee's Right to Avoid 102(a)/(e) Prior Art by Proving Prior Invention
Litigation: Eliminate Accused Infringers Right to Invalidate a Patent Based on Prior Invention Under 102(g)
Prosecution: Eliminate the Grace Period for an Applicant's own Pre-Filing Disclosures
Litigation: Eliminate the Grace Period for a Patentee's own Pre-Filing Disclosures

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2. Would you support moving the US system to an absolute novelty system?

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3. Would you support a switch that eliminates priority contests and the ability to swear behind, but retains a one-year grace period for an applicant's own disclosures?

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4. Would you support a switch that eliminates priority contests but retains an applicant's ability to swear behind and also retains a one-year grace period for an applicant's own disclosures?

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5. Your Qualifications

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6. Your area of business or technology:

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7. Your Position

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8. OPTIONAL: Your Contact Info - Otherwise the question responses are anonymous.

Thank you!

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