3 ms·
This is basically a cave-in to the EU/Japanese system, and IMNSHO it will increase not decrease the number of frivolous patents. What it really does is remove
by danbmil99 15y ago
This is basically a cave-in to the EU/Japanese system, and IMNSHO it will increase not decrease the number of frivolous patents.
What it really does is remove the option of protecting something as a secret. You have to either publish or patent (which is basically a state-sanctioned form of publishing with monopoly benefits). It completely changes the calculus of small inventors, who will now be forced to file multiple provisional patents ($100+ a shot plus time spent) and then within a year decide to shell out $5K++ to have any chance at all of not being beaten over the head by corporate patent trolls.
Not good.
- patentnerd 15y agoIt is still possible to protect an invention as a trade secret. Of course, if someone later independently invents and files, they get the patent. The earlier user is immune from infringement of the patent under the "prior user defense", though.
- dctoedt 15y ago> It is still possible to protect an invention as a trade secret. Of course, if someone later independently invents and files, they get the patent. That's been true for decades under existing law. > The earlier user is immune from infringement of the patent under the "prior user defense", though. This will be a new feature of the law under the new legislation.