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Even if you created the idea first?

Even if you created the idea first?

Posted Aug 8, 2012 20:23 UTC (Wed) by dlang (subscriber, #313)
In reply to: Even if you created the idea first? by Wol
Parent article: SCO files for chapter 7 (Groklaw)

"First to File" is new in the US, however it was changed "to bring US law in line with how the rest of the world works"

and yes, even if you invent it first, and publish it first, if someone else applies for the patent and convinces the patent examiner that your publication is not "prior art" (say it was published after the patent application was filed for example), they can get a patent and you will have to stop using your invention or pay them for the privilege.

"Fileing" is not publication, "Fileing" is submitting a patent application to the government.


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Even if you created the idea first?

Posted Aug 13, 2012 11:23 UTC (Mon) by dps (subscriber, #5725) [Link]

In most the world, and even in the US to some significant extent, publication prior to the filing date makes it impossible to obtain a patent, I think the US, unlike most of the rest of the world, allows you to exclude your own publications but not any response to them by others.

IBM has been known to publish things that they think not worth patenting so nobody else can patent them. Some of the things disclosed became worth $$$$$$$ within a few years.

There is at least one instance when a charity, for the cost of a few airfares and hotel bills, managed to stop a vast company backed by the US government getting an EU patent. The airfares paid for travel for somebody who could prove prior art.

Even if you created the idea first?

Posted Aug 13, 2012 18:04 UTC (Mon) by dlang (subscriber, #313) [Link]

The problem is that the patent laws have a window to allow for the fact that it takes some time between invention and filing for the patent. As a result, using publications as Prior Art requires that the publications be a considerable time before the patent application. I believe that this window is two years.

Now they could also be used to try and disprove the patent applicants claim that this invention is not going to be obvious to people skilled in the art, but that's a harder approach to take.

Even if you created the idea first?

Posted Aug 13, 2012 20:44 UTC (Mon) by Cyberax (✭ supporter ✭, #52523) [Link]

Nope. The US has switched to 'first to file' so a publication even 1 day before the filing date would be enough to be considered prior art.

Even if you created the idea first?

Posted Aug 13, 2012 22:34 UTC (Mon) by dlang (subscriber, #313) [Link]

actually, the Patent Office is just now publishing the proposed rules that will implement the "first to file" policies. You would have to check through their proposed rules to see how it is going to work going forward.

Right now, the old rules still apply.


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