4 ms·

Assuming the US still has "first to invent", they've got a year to file their patent application IIRC.

mdorazio 7y ago
It doesn't [1]. It switched to First to File several years ago. [1] https://www.nolo.com/legal-encyclopedia/what-does-the-first-to-file-rule-mean-for-my-patent-application.html https://www.nolo.com/legal-encyclopedia/what-does-the-first-...
- rocqua 7y ago
  From that link: "A person shall be entitled to a patent unless—the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention" It seems to me that the "described in a printed publication, or in public use part" here would suffice to protect the inventor no?
  - simiones 7y ago
    Not sure what you mean, but those clauses describe what can remove your entitlement to a patent. So, if the claimed invention was "described in a printed publication, or in public use" before the filing date, the inventor is no longer entitled to the patent. Of course, complaining of the lost potential money from IP for a life-improving device is preposterous, but it is true that this article may prevent the company for ever filing a patent application for this idea (unless they have already filed it).
    - learc83 7y ago
      >but it is true that this article may prevent the company for ever filing a patent application for this idea (unless they have already filed it) No the inventors generally have a year to file after disclosure. There is a 1 year grace period in that your own disclosure doesn't count as prior art if you are the one filing.
- learc83 7y ago
  First to file in the US still has a 1 year grace period. It's not as robust as under first to invent, but it still exists.
  - mdorazio 7y ago
    My understanding is that it’s not that simple and the grace period isn’t really a guarantee [1]. [1] https://ocpatentlawyer.com/dangers-of-1-yr-grace-period-under-first-inventor-to-file-system/ https://ocpatentlawyer.com/dangers-of-1-yr-grace-period-unde...
    - learc83 7y ago
      It's not that simple, but it's not as bad as the article you posted makes it sound. He's a patent lawyer trying to convince you that you need to file as soon as possible. It's in his interest to convince you that the grace period is worthless. If you make a public disclosure and someone else tries to file for a patent and the claims are covered by your disclosure (provided the patent examiner is aware of the disclosure), your disclosure will count as prior art and the patent will be denied. If however you try to file a patent within a year of making a disclosure, your disclosure will not count as prior art. Here's more reading if you're interested: https://www.uspto.gov/web/offices/pac/mpep/s2153.html https://www.uspto.gov/web/offices/pac/mpep/s2153.html The problem is that there haven't been many court decisions to clarify the new law and most of these scare articles by patent attorneys are just conjecture. Also note that most of the articles you'll find in a Google search warning about the grace period are more than 5 years old.
      - mdorazio 7y ago
        Thanks for the clarification and link. It's hard to tell what the actual practical outcomes look like without much case law around the new setup.

It doesn't [1]. It switched to First to File several years ago. [1] https://www.nolo.com/legal-encyclopedia/what-does-the-first-to-file-rule-mean-for-my-patent-application.html https://www.nolo.com/legal-encyclopedia/what-does-the-first-...

rocqua 7y ago
From that link: "A person shall be entitled to a patent unless—the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention" It seems to me that the "described in a printed publication, or in public use part" here would suffice to protect the inventor no?
- simiones 7y ago
  Not sure what you mean, but those clauses describe what can remove your entitlement to a patent. So, if the claimed invention was "described in a printed publication, or in public use" before the filing date, the inventor is no longer entitled to the patent. Of course, complaining of the lost potential money from IP for a life-improving device is preposterous, but it is true that this article may prevent the company for ever filing a patent application for this idea (unless they have already filed it).
  - learc83 7y ago
    >but it is true that this article may prevent the company for ever filing a patent application for this idea (unless they have already filed it) No the inventors generally have a year to file after disclosure. There is a 1 year grace period in that your own disclosure doesn't count as prior art if you are the one filing.
learc83 7y ago
First to file in the US still has a 1 year grace period. It's not as robust as under first to invent, but it still exists.
- mdorazio 7y ago
  My understanding is that it’s not that simple and the grace period isn’t really a guarantee [1]. [1] https://ocpatentlawyer.com/dangers-of-1-yr-grace-period-under-first-inventor-to-file-system/ https://ocpatentlawyer.com/dangers-of-1-yr-grace-period-unde...
  - learc83 7y ago
    It's not that simple, but it's not as bad as the article you posted makes it sound. He's a patent lawyer trying to convince you that you need to file as soon as possible. It's in his interest to convince you that the grace period is worthless. If you make a public disclosure and someone else tries to file for a patent and the claims are covered by your disclosure (provided the patent examiner is aware of the disclosure), your disclosure will count as prior art and the patent will be denied. If however you try to file a patent within a year of making a disclosure, your disclosure will not count as prior art. Here's more reading if you're interested: https://www.uspto.gov/web/offices/pac/mpep/s2153.html https://www.uspto.gov/web/offices/pac/mpep/s2153.html The problem is that there haven't been many court decisions to clarify the new law and most of these scare articles by patent attorneys are just conjecture. Also note that most of the articles you'll find in a Google search warning about the grace period are more than 5 years old.
    - mdorazio 7y ago
      Thanks for the clarification and link. It's hard to tell what the actual practical outcomes look like without much case law around the new setup.