Bob properly filed for a patent on a new machine with the U.S.Patent and Trademark Office.Alice who had been working on the same type of machine was furious when she learned about Bob'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 Bob'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) Alice will win and possess all rights to the patent under common law because she first invented the machine.
B) Bob 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, Alice and Bob will share rights to the patent on a 50-50 basis.
D) Under the America Invents Act, Alice will control rights to the patent because she was the first to invent.
E) Under the America Invents Act, Bob will control rights to the patent because he was the first to file.

Question

Quizplus · Accepted Answer

Under the America Invents Act, the first person to file a patent application in the United States for an invention will be deemed to have rights to the invention which is a change from the previous policy, where the first person to invent had the rights to the invention.

Bob Properly Filed for a Patent on a New Machine