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Prior art isn't going to matter pretty soon: https://news.ycombinator.com/item?id=5379944 https://news.ycombinator.com/item?id=5379944
by johnward 14y ago
Prior art isn't going to matter pretty soon: https://news.ycombinator.com/item?id=5379944 https://news.ycombinator.com/item?id=5379944
- burgreblast 14y agoPublicly disclosed prior art still matters. But now, first to file ALSO matters in litigation. (making hidden notebooks that show the other party invented it two years before you did less interesting)
- cowsandmilk 14y agoNo, being the first to invent won't matter. Before: I invent something, document internally that I invented it, but tell noone. A year later, you invent the same thing and apply for a patent. Since I invented it first, I could challenge your patent. Now: Since you filed first, you automatically win What doesn't change: I invent something and publicly disclose the idea, giving a presentation at a conference, putting a product on the market, putting code on github, etc. You are not able to patent that. In the US, I have a year to patent it, but will have difficulties patenting it in the rest of the world. Note, this is a simplification as IANAL, but prior art does still matter. In case there is doubt, language from the bill is below: ‘(a) Novelty; Prior Art- A person shall be entitled to a patent unless-- ‘(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention;
- nitrogen 14y agoSo basically, first to file allows the filer to "steal" the unpublished work of others. Independent parallel invention should be a defense against infringement, or better yet, evidence of obviousness.