First to file
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| Author | Content |
|---|---|
| djohnston Mar 11, 2011 12:44 AM EDT |
Quoting:The Senate bill would transition the Patent Office to a so-called first-to-file system, bringing the U.S. system in line with the patent regimes of much of the rest of the world. The shift would confer patent rights on the first inventor or company to file an application, rather than the current first-to-invent system. This is progress? What is wrong with this picture? |
| tracyanne Mar 11, 2011 2:00 AM EDT |
First to File brings "the U.S. system in line with the patent regimes of much of the rest of the world." Finally the US changing it's laws to align with the laws of other countries rather than the usual standover tactics where the US forces other, usually smaller, countries to align their laws with those of the US. This is indeed progress. |
| jezuch Mar 11, 2011 2:40 AM EDT |
I was under the impression that first-to-file has always been the practice... And that it's a perversion that appears only in the US. |
| phsolide Mar 11, 2011 10:53 AM EDT |
Doesn't "first to file" detach the invention even further from the reality of its moral basis? I mean, if we decide that patents have the basis of "ownership of idea", then shouldn't the first to invent get the patent? Also, independent invention should become quite important. Of course, first-to-file vs first-to-invent really has no basis if the basis of patents is "promoting progress". But in that case, a far more limited term of patent is really mandatory, and patent trolling and false marking is pretty repugnant. I have to conclude that this "reform" is just window dressing. |
| Bob_Robertson Mar 11, 2011 11:00 AM EDT |
> Doesn't "first to file" detach the invention even further from the reality of its moral basis? Yes, because it erases "prior art" as a means to deny a patent. So someone could patent "the wheel" under these new rules, unless there is already a patent on it. > I have to conclude that this "reform" is just window dressing. It's been my experience that any "reform" that isn't simply "repeal" is, just that, window dressing designed (and written) by the vested interests to help them, not the rest of humanity. |
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