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The problem is that there are cases where the original inventor really is the person without the resources or time to file the patent first. It goes both ways.
by banachtarski 14y ago
The problem is that there are cases where the original inventor really is the person without the resources or time to file the patent first. It goes both ways.
- rayiner 14y agoThe AIA expands the "prior user rights" defense. It only affects that original inventor if he subsequently tries to patent the invention, not if he just keeps using it.
- nathan_long 14y agoThat's true. However, if the little inventor doesn't file the patent, they either 1) sell the product anyway or 2) don't sell the product. If #1, they have prior art to keep a big company from patenting it, and the two compete in the market. If #2, I'd argue they don't deserve the patent; it doesn't benefit the public to grant them that monopoly unless the public gets a product out of it. Let the big company patent and sell it. Right?
- banachtarski 14y agoIn the case of #1, how does the inventor keep selling once corporation X successfully files? For #2, the inventor may have patented in the hopes of licensing the idea to a corporation with more manufacturing muscle.