3 ms·
No. US patent law is quite explicit about that. First to publish wins. Deliberately infringing a patent can trigger punitive (3x) damages. "Convergent evolu
by michael1999 4y ago
No. US patent law is quite explicit about that. First to publish wins.
Deliberately infringing a patent can trigger punitive (3x) damages. "Convergent evolution" could be a defence against that kind of claim. That's a reason big-co lawyers tell devs to NOT read other companies patents.
- gnicholas 4y agoJust to clarify, it's first to file with the patent office, not first to publish publicly, in a journal, etc. The US used to have a first-to-invent system, but changed about a decade ago. The first-to-file system is more common in other countries, and generally favors large companies since they can spend lots of resources on filing patents.
- tsimionescu 4y agoPublic publishing and filing with the patent office do "compete", though there is (or was) a grace period. That is, if you file a patent for something you just read in a journal, the patent office is supposed to discover the paper that was made public before your filing and not grant your patent. However, I believe there is (or maybe just was?) a grace period of a few months, where you can claim it just took a few months to file and your patent can still be granted even if prior art appeared in these X months between your invention and the actual filing (I have no idea how this is adjudicated).