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First to file doesn't work like that. Their patent would be struck down on prior art if they ever tried to use it.
by Tuna-Fish 14y ago
First to file doesn't work like that. Their patent would be struck down on prior art if they ever tried to use it.
- anonymouz 14y agoIf they keep it secret, it's usually not considered prior art (https://en.wikipedia.org/wiki/Prior_art https://en.wikipedia.org/wiki/Prior_art).
- sehugg 14y agoApparently the Leahy-Smith Act allows trade secrets to be used as a patent infringement defense in some cases (IANAL): http://www.patentbaristas.com/archives/2012/06/20/bio-2012-everything-america-invents-act/ http://www.patentbaristas.com/archives/2012/06/20/bio-2012-e...