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View Diary: Why Patents Can Stifle Innovation (74 comments)

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  •  And now, "first to patent", lol. (5+ / 0-)
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    koNko, ubertar, BYw, elfling, WI Deadhead

    That's the new system that a recent patent "reform" law put in place. It replaced the "first to invent" philosophy. Has anybody patented the addition algorithm yet?

    Moderation in most things.

    by billmosby on Sat Oct 13, 2012 at 05:25:59 AM PDT

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    •  Bite your tongue! (1+ / 0-)
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      .. or file a claim, LOL.

      What about my Daughter's future?

      by koNko on Sat Oct 13, 2012 at 05:53:05 AM PDT

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    •  The change to "first to file" is to HARMONIZE (1+ / 0-)
      Recommended by:

      with the patent laws in most other countries. (NOT "first to patent")  This is a change in US law from "first to invent."

      In most other countries, there is NO grace period for disclosing your invention before you file.

      In most other countries, patent applications published at 18 months after filing, and the US put that rule in place on June 8, 1995 (with one exception -- allowing a request for non-publication at the time of filing as long as you are not filing in other jurisdictions, and if you later do so file, informing the USPTO within 45 days so they can publish your application, and a penalty of unenforceability if you fail to make the disclosure).

      Just one more change in a continuing series of changes in patent law.

      "The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave." -- Patrick Henry November 6, 2012 MA-4 I am voting for my friends Barry, Liz and Joe (Obama, Warren and Kennedy)

      by BornDuringWWII on Sat Oct 13, 2012 at 11:22:59 AM PDT

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      •  The system is set up for big Business and trolls (2+ / 0-)
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        wildweasels, koNko

        A first to file system means don't bother creating a prototype to see if it works. Just draw it, make the claims and file. That could easily happen when a inventor invites someone to look at his invention and the person shoots an image with his nifty iPhone, records the description verbally and then files a patent on it. He's the first to file. Even if the guy who invents it does file, but the other patent is issued first, he is SOL unless he sells out for pennies to a patent troll firm.  

        Try getting a declaratory judgement on a patent.

        I licensed a invention where there was a narrow patent. A frequent filer filed one that was so broad, it was as if the inventor had invented the category. The legal quote was for $70,000, 20 years ago which is the point I knew I had no funds to access the court system. They had been exhausted.  Nothing left for the attorneys.

        All the development costs, marketing costs , travel, trade shows etc was shot to shit. I was depending on making it as an OEM product, but the guy who had filed the broad patent had built a rep in my industry of turning businesses into parking lots./ As soon as their patent was issued, they sent a letter to all my potential customers and the whole product died. Now 20 years later, they are still trying to bring it after all the momentum we had built up was  gone.

        The suit would probably run $150,000 or more today and that's just to get a judge to order the patent office to reexamine a patent. That's when new information is supplied. Patent examiners, are, by and large budding patent attorneys. Many times they will be stubborn and let  two conflicting patents exist so they have a shot at the lucrative private sector jobs later. The whole system is rotten to the core.

        It's been bought out and blown up up by large companies, Patent trolls and the patent attorneys that serve them. Try to find a good patent attorney who will take a case on contingency.

      •  Japan is also an exception (0+ / 0-)

        They have a dual patent system, with "Regular" patents processed under the international norms and "Secret" patents going to a public vetting process before issuance.

        What about my Daughter's future?

        by koNko on Sat Oct 13, 2012 at 11:19:43 PM PDT

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    •  "First to file" may be unconstitutional (0+ / 0-)

      IANAL, but the Constitution specifically allows Congress to grant patent rights to Inventors.  By its normal definition, the first to invent or discover something is its Inventor, no matter who is first to file or publish.  So this "harmonization" will probably get challenged as soon as a deep pocket gets burned by it, and the outcome will depend on what SCOTUS decides is the legal meaning of Inventor.

      Better to hide your tax returns and be thought a crook than to release them and remove all doubt. [Adapted from Abraham Lincoln]

      by Caelian on Sat Oct 13, 2012 at 03:09:17 PM PDT

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