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I am not a lawyer, this is not legal advice, if you're actually in a situation where it matters you should check with a real lawyer, etc. This is a common misc
by amalcon 11y ago
I am not a lawyer, this is not legal advice, if you're actually in a situation where it matters you should check with a real lawyer, etc.
This is a common misconception. First-to-file does not mean that prior art doesn't matter. First-to-file means that, if I invent something today, you invent it tomorrow, you try to patent it the next day, and I try to patent it three days from now, nobody gets the patent. In first-to-invent, I would get the patent.
The 2013 law explicitly still gives weight to prior art.