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We very recently moved in the US from a first-to-invent to a first-to-file system. In the former, if you can provide evidence of the genesis of the invention be
by debacle 14y ago
We very recently moved in the US from a first-to-invent to a first-to-file system. In the former, if you can provide evidence of the genesis of the invention before the filing of the opponent's patent, then that may invalidate their patent.
Samsung might be well within their rights if they say "See, we invented it first, but didn't think it was patent worthy." I don't know the particulars on the "patent worthy" consideration.
- cube13 14y ago> We very recently moved in the US from a first-to-invent to a first-to-file system. In the former, if you can provide evidence of the genesis of the invention before the filing of the opponent's patent, then that may invalidate their patent. No, you would need to prove that your documented development of the invention predates the other party's documented development of the invention. Filing date does not matter in that case.