3 ms·
They can't just say "hey, we're publishing this, and this is now prior art" so no one can patent it in the future? (Is this a difference between the US and EU
by phyzome 7y ago
They can't just say "hey, we're publishing this, and this is now prior art" so no one can patent it in the future?
(Is this a difference between the US and EU patent systems?)
- GloriousKoji 7y agoNot anymore. US used to be first to invent but switched to first to file a some years ago.
- tzs 7y agoThat doesn’t make a difference in this case. It just affects which filer gets priority if more than one party files claiming the same invention. The winning filer’s claim still has to meet the other requirements for a patent, including novelty and non-obviuousness.
- wmd_ 7y ago"We're publishing this and now it is prior art" is more costly to defend in the US courts compared to having a patent.