Jill invented a new type of device to control dog barking without harming the dog. A month later, Sam independently invented an almost identical type of device. Sam filed for a patent immediately. When Jill became aware of his filing, she also filed for
patent protection. Assuming that there is no statutory bar, between Jill and Sam, who should be awarded the patent prior to September 16, 2003 and why? What about after September 16, 2013? What law affects the result after September 16, 2013? What would the result be in most other countries?
Prior to September 16, 2003, the patent would be awarded to Jill because she was the first to invent. After September 16, 2003, the patent would go to Sam because he was the first to file. The law involved is the Leahy-Smith America Invents Act. In most other countries, the patent would be granted to the first to file.
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