4 ms·

how can you patent something with prior, public art?

mch82 4y ago
One possible explanation… Patents go to the first to file. The prior art search focuses on prior patents. Patent examiners can’t consider something prior art until they know about it. It is possible to invalidate a patent after the fact in situations like this, but that’s expensive (as the article describes). Info on first to file: > The first inventor to file (FITF) provision of the America Invents Act transitions the U.S. to a first-inventor-to-file system from a first-to-invent system and became effective on March 16, 2013. The provision introduced changes to 35 U.S.C. § 102 that impact patent prosecution directly. https://www.uspto.gov/patents/first-inventor-file-fitf-resources https://www.uspto.gov/patents/first-inventor-file-fitf-resou... I didn’t click through to look at the actual patent, but it’s also possible the patent was narrowly written to focus on an industry specific application.
- alangibson 4y ago
  This is only partially true. When you file a patent, you have a 'duty of candor.' The filer _must_ disclose all prior art they know of. If they don't, it's straightforward though time consuming to invalidate the patent.
  - Mountain_Skies 4y ago
    We need something similar to the EFF but for invalidating patents and other IP protections given to those who got them through the design of the lawfare system. It's too expensive for most small to medium size companies to take on a multinational that has fooled the government into granting them an exclusive license over some part of innovation that they didn't actually innovate.
    - mch82 4y ago
      EFF is actually one of the orgs doing some work in this space. Another great reason to be a donor! https://www.eff.org/pages/defend-innovation https://www.eff.org/pages/defend-innovation
bfgoodrich 4y ago
You can patent anything (https://patents.google.com/patent/US6368227B1/en https://patents.google.com/patent/US6368227B1/en) and the barrier to having it granted is incredibly low. The patent office works on the premise of granting the patent and letting the lawyers figure it out afterwards. Enormous volumes of nonsense patents are granted every year, "inventors" who then go forth and try to remora off actually innovators.

One possible explanation… Patents go to the first to file. The prior art search focuses on prior patents. Patent examiners can’t consider something prior art until they know about it. It is possible to invalidate a patent after the fact in situations like this, but that’s expensive (as the article describes). Info on first to file: > The first inventor to file (FITF) provision of the America Invents Act transitions the U.S. to a first-inventor-to-file system from a first-to-invent system and became effective on March 16, 2013. The provision introduced changes to 35 U.S.C. § 102 that impact patent prosecution directly. https://www.uspto.gov/patents/first-inventor-file-fitf-resources https://www.uspto.gov/patents/first-inventor-file-fitf-resou... I didn’t click through to look at the actual patent, but it’s also possible the patent was narrowly written to focus on an industry specific application.

alangibson 4y ago
This is only partially true. When you file a patent, you have a 'duty of candor.' The filer _must_ disclose all prior art they know of. If they don't, it's straightforward though time consuming to invalidate the patent.
- Mountain_Skies 4y ago
  We need something similar to the EFF but for invalidating patents and other IP protections given to those who got them through the design of the lawfare system. It's too expensive for most small to medium size companies to take on a multinational that has fooled the government into granting them an exclusive license over some part of innovation that they didn't actually innovate.
  - mch82 4y ago
    EFF is actually one of the orgs doing some work in this space. Another great reason to be a donor! https://www.eff.org/pages/defend-innovation https://www.eff.org/pages/defend-innovation

bfgoodrich 4y ago

You can patent anything (https://patents.google.com/patent/US6368227B1/en https://patents.google.com/patent/US6368227B1/en) and the barrier to having it granted is incredibly low. The patent office works on the premise of granting the patent and letting the lawyers figure it out afterwards. Enormous volumes of nonsense patents are granted every year, "inventors" who then go forth and try to remora off actually innovators.