Earlier quoted context omitted.
How is "just make sense for the time" different from "that obvious"?
I read the implication 'that obvious' by the OP as being obviously in cahoots or as obvious derivative works, rather than independent works along the same line of enquiry and execution.
United States Transitions To A 'First-Inventor-To-File' Patent System
51–60 of 80 posts
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#52Earlier quoted context omitted.
How is "just make sense for the time" different from "that obvious"?
I read the implication 'that obvious' by the OP as being obviously in cahoots or as obvious derivative works, rather than independent works along the same line of enquiry and execution.
--edit-- this would be because patents (in my mind) are the exchange of protection/exclusivity from the state in return for disclosure to the commons of an idea that might never otherwise become known or publicised.
If loads of folks are coming up with the same idea and racing to patent it, that points (to me) to a situation that patents aren't meant to address - giving exclusivity to someone based simply on them being first of many. If many can come up with it, then the deal is lopsided and the exclusivity shouldn't be granted. IMHO.
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#53Whatever happened to a "person having ordinary skill in the art"?
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#54How is the patent office going to manage the increase? It's not, the system is going to slow down even further.
This also increases the cost of innovation. If I have a business, invent something, and don't patent it - I'm screwed regardless of if I prove I created it three years prior to the filing. In other words, now you have to file patents for everything to protect your ass (because it's not good enough to be able to prove you invented it first X years ago), and that's a very expensive proposition, particularly for small companies. This encourages the patenting of every little detail possible, even more so than today. Because if you don't patent every little detail, now you will have no right to self defense on the basis that you were the original inventor - they can come after you for every rounded corner you failed to patent, so to speak.
This forces everybody into the patent game.
The rationalizations being offered up, such as that this will be good because it forces openness on innovation are not only wrong (all it actually does it make it easier to steal technology for countries that already don't respect foreign patents), but the negatives are going to far outweigh any supposed benefits.
In five years everybody here is going to be complaining about how they really botched this piece of legislation and how it created more problems than the old system. This will turn out to be an extraordinarily expensive and destructive change; it is not the right approach.
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#55I 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…
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#56I 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…
SpaceX is in a very distinct position that its products are launched into space, making it very hard for a third-party to dissect and reproduce them.
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#57Earlier quoted context omitted.
How does that work? The whole point is that the first filer wins regardless of prior invention.
Disclaimer: I am a former software engineer turned patent attorney. However, I am not your lawyer, nor am I the lawyer of anyone who reads this. (Sorry, I have to say that) Anyway, another thing that many people miss on the "first to file" issue is that it's the first INVENTOR to file. So, employee can't leave company, steal the invention, then file if employee was not the inventor. The law really is only changing in…
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#58I 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…
I honestly thinks that's for the better. Basically, you patent, tells everyone how it works, and have the rights. The move your described, you don't tell anyone anything and still have the rights... And that means i may be investing a lot of work on something only you will be able to profit from because i didn't know you invented it. Basically this stops people from having the cake and eating it too. Too bad about Ch…
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#59Here are some thoughts, cost overviews, and what to think about for a startup patent strategy: http://kylethered.tumblr.com/post/45273614239/good-rules-of-...
Re: United States Transitions To A 'First-Inventor-To-File' Patent System
#60Earlier quoted context omitted.
Disclaimer: I am a former software engineer turned patent attorney. However, I am not your lawyer, nor am I the lawyer of anyone who reads this. (Sorry, I have to say that) Anyway, another thing that many people miss on the "first to file" issue is that it's the first INVENTOR to file. So, employee can't leave company, steal the invention, then file if employee was not the inventor. The law really is only changing in…
(Sorry, I have to say that) If you think that you have a poor understanding of the law.
So, on most legal blogs, you'll see something that says "I'm not the reader's lawyer."