5 ms·

I wonder if this is still true after the switch from first-to-invent to first-to-file.

• deleted 12y ago
  [deleted]
• noonespecial 12y ago
  It absolutely is. Once recorded, it becomes prior art. The disclosure would be the "first to file" event in this case. First to file would actually prevent someone else from later coming along and claiming that despite your publishing of the technology, they were the first to have the idea so should get a patent anyway.
  • thirsteh 12y ago
    Interesting.
• rayiner 12y ago
  First to file is just a conflict resolution rule for patent applications that hit the PTO at the same time. Under first to file, you just look at the dates on the applications to see who gets priority. Under first to invent, you get into this fact-intensive analysis of who really invented first. First to file is not implicated unless dueling patent applications are involved. It doesn't affect how prior art is treated.