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If I'm not mistaken the first to file requirement during the 70s would have meant no PC industry as the Eniac patents would have survived and IBM could have kil
by nkassis 15y ago
If I'm not mistaken the first to file requirement during the 70s would have meant no PC industry as the Eniac patents would have survived and IBM could have killed the entire homebrew scene.
So how does prior art work now? I mean, does the prior art need have been patented to invalidate a new patent?
- tzs 15y agoI don't see how anything would have been different with the ENIAC patents. They were found unenforceable on several grounds, and invalidates on several grounds, none of which that I can see would have come out different under first to file. As far as prior art goes, it will now be easier to find prior art against patents. A summary of the changes is here: http://www.patentlyo.com/patent/2011/09/guest-post-defining-prior-art-under-the-leahy-smith-aia.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PatentlyO+%28Dennis+Crouch%27s+Patently-O%29&utm_content=Google+Reader http://www.patentlyo.com/patent/2011/09/guest-post-defining-...