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Even if you created the idea first?

Even if you created the idea first?

Posted Aug 13, 2012 18:04 UTC (Mon) by dlang (subscriber, #313)
In reply to: Even if you created the idea first? by dps
Parent article: SCO files for chapter 7 (Groklaw)

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.


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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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