How is this constitutional? The IP clause of the U.S. Constitution gives patents to the "inventor", not to a person who jumps through bureaucratic hoops.
Text of the Copyright Clause: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
The first-to-file system merely states that the first inventor to file, out of a group of multiple simultaneous independent inventors, gets the patent.
So, for example: you have Inventor X and Paperpusher Y. X invents but delays filing for a patent. Y comes across X's invention, realizes it has not been patentend, and files the patent application immediately. Y cannot and will not ever get the patent, because Y cannot prove invention. If Y were to steal X's notes and other junk and try to use those to "prove" invention, Y would be committing fraud and would be subject to civil and criminal liabilities, including jailtime. X may still have the opportunity to file for the patent application, but it depends on whether other parties (i.e., Z) have independently made the same discovery during the period X did not file.
The patent still goes to an inventor under first to file. All that changes is how priority is determined when independent inventors are vying for the patent on the same invention.
The first-to-file system merely states that the first inventor to file, out of a group of multiple simultaneous independent inventors, gets the patent.
So, for example: you have Inventor X and Paperpusher Y. X invents but delays filing for a patent. Y comes across X's invention, realizes it has not been patentend, and files the patent application immediately. Y cannot and will not ever get the patent, because Y cannot prove invention. If Y were to steal X's notes and other junk and try to use those to "prove" invention, Y would be committing fraud and would be subject to civil and criminal liabilities, including jailtime. X may still have the opportunity to file for the patent application, but it depends on whether other parties (i.e., Z) have independently made the same discovery during the period X did not file.