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| Authored by: Anonymous on Thursday, October 18 2012 @ 04:35 PM EDT |
Nope. Not even close. First to file just means that if two people try to
file
for the same invention, only the first to file can obtain the patent. The
current
system is quite a bit more complex. First to file is what the rest of
the world
does. First to file does not eliminate or narrow what is available
as prior art.
[ Reply to This | Parent | # ]
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- Prior Art... - Authored by: Anonymous on Thursday, October 18 2012 @ 05:14 PM EDT
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| Authored by: Anonymous on Thursday, October 18 2012 @ 10:05 PM EDT |
First to file only applies to the date of the patent - prior
art still applies.
example: Under the old system, if I filed on 1 Jan 2013, and
you filed on 2 Jan 2013, we'd duke it out in court/USPTO over
who actually invented it, based on lab notes, etc. Under the
new system, my 1 Jan 2013 filing wins. However, you
published the exact same invention on 3 Sep 2010. That's
over a year before my filing, so your public publishing means
it's prior art, and my patent is no good.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Saturday, October 20 2012 @ 11:52 AM EDT |
maybe I understand you wrongly, but "first to file" is actually
preferable to "first to invent".
The latter makes everything VERY murky, the first one is crystal clear to who
gets the patent.
By the way in my country (Austria), EVERYTING that went public befor the filing
date is prior art, EVEN IF THE PATENT APPLICANT HIMSELF PUBLISHED IT.
Of course, if you implement a "first to file" rule, and forget about
the "everything published before is prior art" rule, you are headed
for BIG and OBVIOUS trouble.[ Reply to This | Parent | # ]
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