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The problem lies in the fact that an inventor no longer has a recourse to contest a patent lawsuit against him by showing evidence that the patented idea was im
by WiseWeasel 15y ago
The problem lies in the fact that an inventor no longer has a recourse to contest a patent lawsuit against him by showing evidence that the patented idea was implemented prior to the patent filing date (or before the determined invention date). This exposes all inventors to having their ideas copied and patented by others, drastically increasing the incentive to patent their own ideas on a continual basis. This has the effect of significantly increasing the total number of patents being filed.
- monochromatic 15y agoThis is not correct.
- WiseWeasel 15y agoHow so? How does eliminating first-to-invent not remove the ability to contest a patent based on prior invention? It seems like a necessary effect.
- monochromatic 15y agoThe earlier invention can still be used as prior art against the later filing, assuming there was some publication or public use of it. See my comment here: http://news.ycombinator.com/item?id=2834229 http://news.ycombinator.com/item?id=2834229