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No, 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 sa
by cowsandmilk 14y ago
No, 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- nitrogen 14y agoSo basically, first to file allows the filer to "steal" the unpublished work of others.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.