a recent letter by professors of law from universities including emery, missouri, n.y.u., wisconsin, stanford, albany, georgia, vanderbilt and others say that clismse constitutionality cannot be squared with patent law. former attorney general my ball mukasey said the law is constitutional. another person said the constitutionality is assured because it leaves unchanged the rule that a patent issued only to one who invents or discovers. this actually returns us to a system our founders created and used themselves. early american patent law, that of our founders' generation, did not concern itself with who was the first to invent. the u.s. operated under a first inventor to register, which is a system very similar to the first inventor to file. it wasn't until the 1870's, when the courts created interference proceedings, that our patent system began to consider who was first to invent an invention. these disadvantaged independent inventors and small businesses. over time, interference proceedings have become a costly lit gailings tactic that caused some to take the path of least resistance and move jobs overseas rather th