"Beth Noveck, the program's director, insists deliberate infringement laws apply to patents, not applications. She's a professor and director of New York Law School's Institute for Information Law & Policy, which is running the project."
That may be the case...however, there is a pecking order with regard to an applications date of submission and publication.
IMO...This is the process for potential peril, for the fast track proposals of the big companies.
doni