![]() 2 Even with the possibility under the AIA of an assignee filing an application, the inventor(s) must be named on the face of the U.S. patent statute requires that a patent application identify the true and original inventor or inventors. ![]() patent system from "first-to-invent" to "first-inventor-to-file." Congress sought to preserve the requirement that the first to file a patent application actually invented the subject matter, rather than derived it from another. ![]() The AIA maintained the focus on the inventor as it transformed the U.S. Derivation has been a recognized issue in interferences, as well as a ground for invalidating a patent in court or rejecting a claim during prosecution (pre-AIA §102(f)). Priority and derivation are alternative theories, however, as one who derives an invention is neither a first nor a second inventor he is a noninventor. Interferences between parties who collaborated or otherwise shared communications often involved issues of first-to-invent, i.e., priority and derivation. ![]() That system included provisions for resolving disputes concerning who was the first to invent, called "interferences," and took place both before the USPTO and the courts (pre-AIA §135 and §291). Before the American Invents Act, the U.S.
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