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Isn't this impossible because you can't get a patent if there is prior art? So they shouldn't be able to use a patent against a video game that came out before
by kevincox 2y ago
Isn't this impossible because you can't get a patent if there is prior art? So they shouldn't be able to use a patent against a video game that came out before the patent was filed right?
- dylan604 2y agoThe prior art restrictions are no longer in place, and the system has become first to file. The America Invents Act changed to the first to file from first to invent https://en.wikipedia.org/wiki/Leahy%E2%80%93Smith_America_Invents_Act https://en.wikipedia.org/wiki/Leahy%E2%80%93Smith_America_In...
- deleted 2y ago[deleted]
- kbolino 2y agoThis is only half true. Yes, the country switched to first-to-file, but the definition of prior art was expanded. This means it's easier to strike down a patent due to prior art now than before.
- IcyWindows 2y agoYour link shows that prior art is still a thing.
- dylan604 2y agoonly with in the grace period. prior art previously had no such limitation. if you could prove you had the thing before the patent filer, you could void the patent. now, if you wait beyond the grace period, ooops this seems to be overlooked and i'm not sure why. you're like the 3rd person
- NotYourLawyer 2y agoThis is completely wrong. Please don’t opine on legal matters if you can’t be bothered to educate yourself.
- chews 2y agoWhen the prior art is yours you can, the pocket monster company is a joint venture with Nintendo.