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Authored by: stegu on Monday, October 29 2012 @ 05:50 AM EDT |
First to file is the norm almost everywhere
but in the US. I do not defend it, but it has
not (yet) spawned the troll market you suggest.
[ Reply to This | Parent | # ]
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Authored by: Wol on Monday, October 29 2012 @ 08:00 PM EDT |
The ONLY big difference between "first to invent" and "first to
file" is that you will no longer have lawsuits about who invented what
first.
You will simply go straight to the "is the patent valid" stage, and it
will be a matter of summary judgement that if the date on my patent is earlier
than the date on your patent, then I *cannot* infringe. Because either your
patent doesn't cover my stuff, or if it does your patent is invalid.
If someone else published before I filed, then that blows both our patents out
of the water - but that's no change on the existing setup.
Cheers,
Wol[ Reply to This | Parent | # ]
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