first to invent vs. first to file
On Friday, the House endorsed a bill encompassing some of the most significant changes in patent law in the last 50 years. One of these changes defines “inventorship” of a patent as the first person or group to file the patent application, as opposed to the current practice of giving inventorship to the first person or group to “invent”. The patent systems of most other countries grant patents to the first person/group to file the application.
Thus, it is said that this change to the first to file standard will bring the US patent system into harmony with that of the international community. Foreign inventors will have less of a disadvantage in filing American patent applications. Further, there is no problem of evidence or proof of inventorship that is experienced in the first to invent system. Currently, the PTO and courts must expend time and other resources tracking evidence of parties who argue about who invented something first, right down to the question of what “invent” even means (first to conceive of the idea, first to reduce to practice, etc).Â
However, independent inventors may find themselves at a disadvantage in this first to file system. They do not have the resources or legal departments that big companies have, and thus may be slower to file applications than their counterparts. Thus, the first people that have an idea and carry it through may not be the same people who are granted the patent. In fact, many people argue that the new system will make it easier to claim (or steal) someone else’s ideas.Â
Particularly in the United States, where independence and individuality are valued highly, this might be a tough change to swallow. On the flipside though, this change to first to file will have the effect of giving the public the benefit of the invention faster.
October 9th, 2007 at 5:30 pm
I agree, this signals the final nail in the coffin of the ‘old America”. Anyone involved in research is well aware of the corporate trolls who spy on NIH funded research projects. Now, you can take an idea with no worries over inventorship. I’ll be able to take a camera, walk into Harvard and start photographing all the blackboards. Send the info back to BIGGY CORP and they’ll whip up the ideas into an application ASAP. For the small guy, it is poison.
Who else but oligarchical, paraiha corps would want such a thing? And yes, lets make it easier for those foreigners to get US applications. They’ve taken our jobs, lets give them free reign to dominate us!
December 7th, 2007 at 3:49 pm
WE must fight to keep the law-First to invent….
December 7th, 2007 at 6:09 pm
How can the small individual inventor fight against the giant,corrupted law makers?
December 7th, 2007 at 6:14 pm
Perhaps,by uniting the small individual inventors,a change towards freedom could be reached?
January 20th, 2008 at 6:34 pm
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The patent system has to make strides to make it easier and less expensive for individuals to file patents. Perhaps a rebate upon a successful approval would reward those who conducted prior research and were indeed first to file while providing a barrier to entry to bogus claims.
January 20th, 2008 at 6:35 pm
Also, perhaps there is a way to find a collective medium to track the existing intellectual property that is stagnant.
May 28th, 2008 at 3:10 pm
If we as humans could shed our collective hateful and competitive notions, a kinder gentler universe would be achieved.
August 14th, 2008 at 5:11 am
Niche article.
October 28th, 2008 at 2:38 pm
Darrell Fertakos stole all MY invention ideas.
November 9th, 2008 at 4:59 pm
Darrell Fertakos was my business partner many years ago. We invented flavored, canned air together. He stole our idea and pitched it to Walt Disney.
Darrell would go hang out with Goofy and get high off our canned air. They would ride Thunder Mountain while tripping off acid.
Darrell Fertakos is insane. He will steal your ideas and get high with Goofy!