United States Transitions To A 'First-Inventor-To-File' Patent System
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Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#2I don't really understand who benefits from this change? Doesn't everyone lose?
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#3I don't really understand who benefits from this change? Doesn't everyone lose?
I'm pretty sure the USPTO and Patent Attorneys win, given that it'll encourage more people to file patents, and sooner rather than later.
Not sure of the impact on innovation, but my gut instinct isn't good.
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#4Out of curiosity, what kind of protection does the system offer against companies in certain markets patenting against potential innovations in these markets by inventors?
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#5I don't really understand who benefits from this change? Doesn't everyone lose?
I'm pretty sure the USPTO and Patent Attorneys win, given that it'll encourage more people to file patents, and sooner rather than later. Not sure of the impact on innovation, but my gut instinct isn't good.
The number of applications consisting of just ideas, that haven't been implemented, tested, or tried, is going to sky rocket. And who can afford to file so many patents? The "big" established guys. Things just got worse.
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#6I'd rather transition to a system where if two people try to file for the same thing within a few months or a year of each other, neither one gets it because it's probably pretty obvious.
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#7I don't really understand who benefits from this change? Doesn't everyone lose?
Just to clarify, since some people (not necessarily you) confuse this: first-to-file does not mean prior art doesn't count. If you publish something, it can stil be used to invalidate a patent or application.
First-to-file just means that if two people apply for a patent, there's no possibility for the second to challenge the first with an interference proceeding[1] to attempt to prove using non-published evidence that you actually invented first.
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#8I don't really understand who benefits from this change? Doesn't everyone lose?
A previous thread answers this question:
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#9I remember an article about SpaceX where Musk said that they didn't file many patents, because then other countries essentially had free access to their inventions if they didn't honour patents (China was mentioned).
With this change in law, they may no longer have protection against a patent filed by someone else that they (SpaceX) invented first...simply because they were not the first to file.
This may bring about more innovation because it forces "sharing" of ideas. Even if that "sharing" is done to stop real sharing.
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#10I'd rather transition to a system where if two people try to file for the same thing within a few months or a year of each other, neither one gets it because it's probably pretty obvious.
I'd like to transition to a system were a anonymous bureaucrat in Washington doesn't get to go out and annihilate innovative businesses because some competing monolithic corporation was the first one to pay his employer off.