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Senate Nears Final Vote on Patents

thecaucus.blogs.nytimes.com

1–10 of 17 posts

Re: Senate Nears Final Vote on Patents

#2
I'm sorry, the notion that this somehow levels the playing field is completely wrong. It's very difficult for a layperson to file a patent properly, in the proper legalese and keep track of all the necessary actions. This bill definitely opens up patents to large corporations and patent holding companies that can essentially throw teams of lawyers at particular fields.

After spending 5 years and more money than I'd like to admit on our patent that has still yet to be awarded I can tell you from personal experience that every response is cryptic, and the necessary follow-up actions are extensive and intensive. Furthermore, if they're not written in the proper legalese you have even less of a chance.

This is yet another boon to large corporations and their lawyers. Now that companies such as Apple, Google, and Microsoft don't have to worry about prior-art we'll see innovation slow to a crawl, and startups will have even less of a chance of disrupting the status quo as a lawsuit won't be too far behind. I can see it now, We demand you shutdown as you're infringing on the patent we were recently awarded, it won't matter that you were already operating. They can simply pay extra fees, get a faster approval and you're gone. This is supposed to be progress and improvement? Only to the lobbyists and their employers.

Re: Senate Nears Final Vote on Patents

#5
I'm so tired of the whole thing, I'm not even keeping track of it anymore. Reform these days(1) has just become doublespeak for "like it is now, only more so". Status_quo++.

They're going to do what they're going to do. Its going to be the opposite of what would be best for us, and we'll find a way to work around it.

(1)I think perhaps this is the way its always been, and I was just too young to notice.

Re: Senate Nears Final Vote on Patents

#8

If prior art doesn't matter, what stops anyone from patenting someone else's publicly known invention and then suing them?

Wait, what?

Who is suggesting that prior art wouldn't/shouldn't matter?

"First to file" patents would still be invalidated by any published (or publicly available) prior art. It just means that you couldn't invalidate by demonstrating that you were privately working on the same idea.

Re: Senate Nears Final Vote on Patents

#9

If prior art doesn't matter, what stops anyone from patenting someone else's publicly known invention and then suing them?

This sub thread might make you rest a little easier, hopefully it is accurate with regards to the bill as it currently stands:

http://news.ycombinator.com/item?id=2288824

edit: changed link to relevant comment

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