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by ttul 2936 days ago
Absolutely. The first to file system greatly disadvantages individual and/or poorly funded inventors, because for big corporations, the cost to file is no great hurdle.
1 comments

Flip side: first to file arose because first to invent is inherently ambiguous. The fixed cost of a filing was deemed better than the large and unknowable cost of determining who invented what when through the courts.
How does copyright handle that problem since copyright is automatic?
It doesn't matter who created a copyrighted work first, because independent creation is an absolute defense to copyright infringement.
Proof of independent creation might be; but similarity provides a statistical test of that. Cases use similarity and probability, they don't take "independent creators" at their word.