Under the current patent system that resides within the United States, anybody who invents something - be it a soda can or a new design on a bow tie - has the right to patent that item. Why? Because they invented it first. This is sometimes known as the "first to invent" rule. If for some reason that inventor's idea is stolen and patented by another individual, then they have the right to challenge that person's claim and prove that they were the one who invented it first. This is in step with the Constitution, which outlines the grounds for an inventor's rights to his works in Article 1, Section 8, Clause 8. The rights of a writer or inventor's works revert to him.
The Inventor's Legislation of today changes this. It is a big overhaul of the patent system, an overhaul that appears very similar to the patent systems of most of Europe. It basically strips away the "first to invent," rule. It changes this to the "first to file" rule. For example, if somebody invents a new type of shoe, they can patent it. However, if somebody sees that shoe, steals the idea, and patents it first, it is therefore their patent. This is a "first to file," rule. Whoever files first gets the patent. The flaw lies within this rule, which violates what the Constitution states: "...to secure for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
In March of 2011, the Senate approved the 'America Invents Act,' with a large 95 to 5 margin. Last month, the House of Representatives passed a similar bill, which went through with a near-unanimous vote. There is, however, a large faction of people - small businessmen and middle class Americans, who oppose the implementation of the bill.
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