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As to Metallizing Engineering, from a "Bargain Theory" (See Canadian Patent Law, Butterworths 2012, by Stephen Perry and Andrew Currier) perspective it can be rationalized that a secrete commercialization should not be a statutory bar under a first to file regime. The "Bargain Theory" approach considers the patent system to be an incentive to disclose an invention in exchange for a time limited monopoly. A secret commercializer under a first to file regime always runs the risk that another inventor will get to the patent office first, therefore the secret commercializer must face the risk of not being able to have a unfairly extend the time limited monopoly. However, under a first to invent regime, the risk is very real that the monopoly can be made virtually perpetual.
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Jul 27, 2012