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Prior art is still prior art. What this particular element changes is basically the situation where two people independently come up with the same idea, and the
by monochromatic 15y ago
Prior art is still prior art. What this particular element changes is basically the situation where two people independently come up with the same idea, and they both file for patents. (I'm leaving out some irrelevant complications, but) under current law, whoever came up with the idea first wins, even if the later inventor files first. Under this new law, whoever filed first would win, even if he had the idea later. It's to save the trouble of having to litigate about when you had an idea, what proof you have of that fact, etc.
But it doesn't change the fact that you can't patent an idea that you stole from someone else.
- ggchappell 15y agoWell, that's good. Thanks for the clarification.