decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Does first to file hurt people that don't file? Or make it harder to get a patent? | 661 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Slight correction
Authored by: Anonymous on Thursday, March 28 2013 @ 03:26 PM EDT

"If the proposed method is in use ( that is known ) it shouldn't be patented."

However, we've seen where a patent has been taken to the point of a Lawsuit, a request sent to the USPTO for re-evaluation, and the USPTO invalidating the patent based on prior patent filings the USPTO had the whole time!

How's that for building confidence. Here we commonly worry about the USPTO not finding the prior art in journals and other public material the USPTO does not necessarily have at their fingertips....

.... and ....

... they can't even find the prior art when it is their own documentation!

RAS

[ Reply to This | Parent | # ]

Does first to file hurt people that don't file? Or make it harder to get a patent?
Authored by: Anonymous on Thursday, March 28 2013 @ 03:54 PM EDT
The question was can you "invent" something great and not patent it
and then 5 years later someone else does patent it and forces you to pay them to
use *their* invention?

Or maybe you are saying in this regard its no different than it was before? Its
just that if two individuals have patents pending for the same invention that it
used to go to the person who could show earlier proof of the invention and now
it goes to the person who filed first? Makes sense.. I knew this was a brain
fart moment ;)

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )