I don't think he has much of a chance. The Constitution doesn't say anything about first to invent. It just says Congress has the power to grant limited monopolies to inventors for their discoveries.<p>Note that even under the old "first to invent" law, you did not ACTUALLY have to be the first person to invent something in order to get the patent. A prior inventor whose invention did not qualify as prior art and who did not apply for a patent would not disqualify the second inventor from getting a patent.<p>The new "first to file" system still requires that the patentee to be an inventor, and that seems to me to be enough to satisfy the Constitutional requirements.