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In the US, the rule used to be first to file, but is now first to invent (along with the rest of the world) since the enactment of the America Invents Act in 20
by eemax 12y ago
In the US, the rule used to be first to file, but is now first to invent (along with the rest of the world) since the enactment of the America Invents Act in 2013.
First to file/invent isn't actually relevant for prior art though. Any publicly available source that describes the invention can serve as prior art. However, patent lawyers are very good at "writing around" existing patents and other prior art.
- jrazavian 12y agoActually, you have it backwards. The US was previously a first-to-invent country but as of March 2013 is now first-to-file. This brings the US in line with the rest of the modern world, which is already mostly first-to-file.
- felixfurtak 12y agoIs it possible to patent something that is already in the public domain?