9 ms·

>And worse (or better, depending on your tastes), just over the horizon is an explicit Patent Office rule change that will grant a patent to the first filer, re

by cube13 14y ago

>And worse (or better, depending on your tastes), just over the horizon is an explicit Patent Office rule change that will grant a patent to the first filer, regardless of whether or not that person has any connection to the creation of the idea being patented: This is false. The burden of proof has not changed. The only thing that has changed is determining who would be awarded a patent if two almost identical patents are filed around the same time. In the previous system, the patent would be awarded to the party that could prove that they started working on the invention first, assuming that it passes the prior art check. You still have to prove that you actually created the invention in the first place. In the new system, the patent is awarded to the party that files first, also assuming that it passes the prior art test. Again, you still have to prove that you created the invention. The rules changes here actually increases the prior art field, counting any published patents, and also including internationally filed patents. The fact that the USPTO has had a bad track record with prior art checks has no bearing on this rule change. It's a separate issue.

lutusp 14y ago
>> And worse (or better, depending on your tastes), just over the horizon is an explicit Patent Office rule change that will grant a patent to the first filer, regardless of whether or not that person has any connection to the creation of the idea being patented: > This is false. Yes, it is false, and it's too late for me to reword my original post. I should have emphasized that first-to-file applies to two or more people, all of whom are working on inventions so close together as to be indistinguishable. A claimant might try to assert priority but not be actually involved in the work, or someone might purchase the right to pursue a claim but not be directly involved, but these are perversions of the intent of the change.

by cube13 14y ago

lutusp 14y ago

>> And worse (or better, depending on your tastes), just over the horizon is an explicit Patent Office rule change that will grant a patent to the first filer, regardless of whether or not that person has any connection to the creation of the idea being patented: > This is false. Yes, it is false, and it's too late for me to reword my original post. I should have emphasized that first-to-file applies to two or more people, all of whom are working on inventions so close together as to be indistinguishable. A claimant might try to assert priority but not be actually involved in the work, or someone might purchase the right to pursue a claim but not be directly involved, but these are perversions of the intent of the change.