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> First to file doesn't invalidate un-filed prior art or give it lower presedence. I'm not saying it invalidates anything. I'm saying this kind of arm-chair l
by geocar 9y ago
> First to file doesn't invalidate un-filed prior art or give it lower presedence.
I'm not saying it invalidates anything.
I'm saying this kind of arm-chair lawyering isn't going to impress a judge.
> First to file only really matters when there are overlapping patent applications.
35 USC 102 (b).
- learc83 9y ago35 USC 102 (b) covers the exception that allows an inventor up to a year to file after publishing their invention. It prevents an inventor's own disclosure from being used as prior art to deny the inventor's patent request--provided the patent was filed within a year of the disclosure. What do you think it says? >I'm not saying it invalidates anything. You said this: >They do not have to pay as much attention to un-filed prior art because the US uses a "first-to-file"[2] system. That implies that un-filed prior art was made less important by first to file, which is incorrect. >I'm saying this kind of arm-chair lawyering isn't going to impress a judge. Good thing I'm not trying to impress a judge. I'm just trying to stop the spread of misinformation on first to file.