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Correct, but first-to-file is not as friendly to entrepreneurs. In first-to-invent prior art was at least a line of defense for a company defending themselves a
by to11mtm 7y ago
Correct, but first-to-file is not as friendly to entrepreneurs. In first-to-invent prior art was at least a line of defense for a company defending themselves against a spurious patent troll. (One that STILL would cost money to defend in court most of the time.)
With the change in the system, my understanding is now it is 6 months after publication to challenge a patent with prior art. And thanks to the way they are worded... good luck actually finding one when it happens.
No, I've not at all done this but it would be interesting to see the percentage of patents in the US filed by individuals versus companies over the last 20-30 years.
- pbhjpbhj 7y agoYou seem to have misunderstood. It's first to file, but prior disclosure invalidates the patent (except a few edge cases to allow for trade shows, I gather). Prior disclosure is any documented teaching of the embodied idea the patent seeks to protect. In the UK a classic example was a dog doorbell having a comic cited against it.