Democratic Congressman Howard Berman introduced the House of Representatives bill on April 18, 2007.
[3] Critics of the first-to-file system also contend it would create a "race to the mailbox," and would result in sloppier, last-minute patent applications.
[3] However, the first-to-invent system requires the United States Patent and Trademark Office (USPTO) to undertake lengthy and complicated "interference" proceedings to try to determine who invented something first when claims conflict.
The first-to-file system, supporters contend,[4] would inject much-needed certainty into the patent application process.
The bill stalled and Senate Majority Leader Harry Reid removed it from consideration.
[10] Yongshun Cheng, former Deputy Director of the IP Division of the Beijing High People's Court, has criticized the bill as being hypocritical.