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You know what is weird is that all these patent trolls are scaring me into filing for defensive patents. Its scary since the law has now changed from "First to
by nivla 13y ago
You know what is weird is that all these patent trolls are scaring me into filing for defensive patents. Its scary since the law has now changed from "First to invent" to "First to file". You come up with a great idea, troll X notices it, files for patents and then sues you back.
- eurleif 13y agoYou could still claim prior art if you used or published the idea before they patented it. The difference between "first to invent" and "first to file" basically only comes up when someone invents an idea but keeps it private, which can be difficult to prove anyway. (IANAL, TINLA.)
- wisty 13y ago"First to file" just means that if two inventors file, then the first one to file gets the patent (rather than them having to compare notebooks, and other evidence). It does nothing to stop publicly available prior art invalidating patents.
- noonespecial 13y agoPatents are like nukes. The only "defense" they grant is mutually assured destruction. With trolls, there is no other "company" to destroy, as they make nothing but lawsuits. Add this to the fact that the patent office is so screwed up that they're granting patents on the same "technology" over and over again to different applicants and you get: tl;dr : There's no such thing as a "defensive" patent. Patents don't make peace. They don't even make war. They just make destruction.
- DanBC 13y agoIt's tempting to set up something like halfbakery to generate a lot of ideas to create prior-art now, to help the future people later. (http://www.halfbakery.com/ http://www.halfbakery.com/)