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Isn't the worry then that someone else comes up with the invention independently and patents it? (and does the US being a first-to-file patent system have an im
by new299 9y ago
Isn't the worry then that someone else comes up with the invention independently and patents it? (and does the US being a first-to-file patent system have an impact on this)
- xapata 9y agoThe patent would probably be invalid if the product was already on the market from a different vendor.
- sangnoir 9y agoHasn't (or isn't) the USPTO switching to a first-to-file system? Proving prior art using a trade-secret is likely to be a very challenging proposition (due to the 'secret' bit). IANAL.
- new299 9y agoRight, but if the product is on the market, doesn't that make the whole trade secret thing kind of void anyway? Because it most likely can be reverse engineered? If it's provided to users only as a service, then I can see they could protect it as a trade secret by limiting access somehow. But then... would that invalidate the patent (considering the first-to-file stuff).