|
|
|
| Authored by: Anonymous on Thursday, March 28 2013 @ 03:20 PM EDT |
Two things:
1. If you don't file you don't get a patent in any patent system.
2. If the proposed method is in use ( that is known ) it can't be patented.
What was the question again?
[ Reply to This | Parent | # ]
|
| |
| Authored by: Anonymous on Thursday, March 28 2013 @ 04:03 PM EDT |
You seem to think that the patent system is concerned about invention.
The change isn't to benefit inventors, or consumers, its to streamline the
revenue generation for lawyers. First to file will favor corporations over
individual inventors because they can afford to spam the applications. This is
not seen as a problem, because if you can't afford to file, then you can't
afford the lawyers anyway. By limiting the game to those with deep pockets, the
redistribution of wealth can be more easily centralized.[ Reply to This | Parent | # ]
|
- Re Misconception - Authored by: Anonymous on Thursday, March 28 2013 @ 08:35 PM EDT
| |
| Authored by: Anonymous on Friday, March 29 2013 @ 08:42 PM EDT |
It's all about determining who has priority if there are conflicting patents
from different parties. They way they work is actually more complex than the
simple explanations that people draw from the names.
The biggest problem with "first to invent" is that it's open to fraud
by people who backdate their records. A true "first to file" system
works by going by the actual filing date which is a lot harder to fake as fraud
would require some cooperation from someone in the patent office. The problem
with the new American version of "first to file" is that it isn't
really "first to file". It's more a modified "first to
invent" with some hard limits on how long you backdate your records. [ Reply to This | Parent | # ]
|
| |
| Authored by: Anonymous on Friday, March 29 2013 @ 11:29 PM EDT |
If you publish, then that can make a difference against someone who FILES if you
don't, or can't afford to file like the big corporation, etc.
It all about getting out of the gate, think of the problems of the patent system
as a gate, that two or more want to go thru at the same time. If you show,
that before anyone gets to the gate, that you knew the way thru the gate first,
by PUBLISHING, then that helps determine the events where there is a battle for
the question of who made it thru the gate first... OR, looking back, if someone
else who was awarded first prize for getting thru the gate, BY MISTAKE... as,
the PUBLISHED shows that the award of first prize might have been premature.
That is as simple as I can put it. If the above is wrong, then please advise.
[ Reply to This | Parent | # ]
|
| |
| Authored by: xtifr on Saturday, March 30 2013 @ 02:24 AM EDT |
First to file has no impact on anyone who isn't actually filing for a patent,
and even then, it only comes up when two people file for the same
patent.
It will not affect ease of getting a patent (someone
will get it if the PTO finds it's a valid patent). I don't believe it will have
any effect on prior art. And it does not change anything for people who
have been using the technique for decades.
For most of the things that
concern us here at Groklaw (bad patents, patents on mathematics, patents on
old-technique-but-with-a-computer), FTF will have absolutely no
effect.
---
Do not meddle in the affairs of Wizards, for it makes them
soggy and hard to light. [ Reply to This | Parent | # ]
|
|
|
|
|
