New Patent Laws

[audiogeekess]

I heard there are new patent laws in place, recently voted in by congress and signed by Obama. The first individual or company to file for a patent gets the rights to the work--speeding up the patent process and avoiding costly court hearings.

Does this mean a greedy corporation can come into this forum and steal many wonderful designs and patent them as their own, if the genius individual didn't patent it first before sharing it? These seems like a HORRIBLE law!

[assembled]

I wonder how this works in Europe. Anyone familiar with that?

[homemodder]

This already happens all the time.

[SY]

Originally Posted by audiogeekess

...The first individual or company to file for a patent gets the rights to the work--speeding up the patent process and avoiding costly court hearings.

Does this mean a greedy corporation can come into this forum and steal many wonderful designs and patent them as their own, if the genius individual didn't patent it first before sharing it?

Yes, no, and no. "First to file" is customary in nearly every country- this law harmonizes the US with customary patent law. It will NOT reduce costly court hearings in the slightest. You can always count on the lawyers who make up the political class to ensure that there's plenty of costly legal work to be done.

Changes in the law do not affect questions of prior art. If "greedy" corporations "steal" wonderful ideas and patent them, the patents are invalid. In fact, the very best scenario for an independent inventor is to have his idea "stolen" by a "greedy" corporation- the worst case is having his idea stolen by small-to-medium size entities.

[DF96]

I believe it has always been 'first to patent' in Europe. However, we don't allow so many silly patents and any prior public disclosure by anyone renders something nonpatentable. So here, you just publish your idea and that stops anyone, including the inventor, from patenting it.

I'm not sure what legal force this has, but I believe what some people do is post a copy of their idea to themselves but when it arrives leave it unopened. Then if there is a dispute about originality, the copy with postmark shows who thought of it first. This would only be relevant if two people apply for a patent at the same time.

[SY]

Originally Posted by DF96

...So here, you just publish your idea and that stops anyone, including the inventor, from patenting it.

I'm not sure what legal force this has, but I believe what some people do is post a copy of their idea to themselves but when it arrives leave it unopened. Then if there is a dispute about originality, the copy with postmark shows who thought of it first. This would only be relevant if two people apply for a patent at the same time.

In the US, the inventor has one year from the date of disclosure to file. You're correct, disclosure prevents patenting in Europe.

The mail-to-oneself thing has zero legal validity.

[sek]

Right, you mail it to a lawyer - in an enclosing envelope that also contains a desciption of when to open it.

[Pano]

In the US it might be valid. It seems to be common practice in the UK for copyrigt, but I don't know if it holds in court. Usually it's a registered letter.

[DF96]

In the event of a dispute it could count as evidence. It is certainly evidence that at a particular date you were in possession of an idea, but it doesn't show how you came by that idea - you might have stolen it.

In my view the real issue with patents is the scope of them, and what is so obvious it ought not to be patentable. This is really down to the quality and diligence of patent examiners. If I invent a new way to tie shoelaces, I should not be granted a patent on any form of foot covering or any form of knot for fastening something to something else.

[SY]

Originally Posted by sek

Right, you mail it to a lawyer - in an enclosing envelope that also contains a desciption of when to open it.

Also invalid. Way too easy to fake. The proper way to do it is to have witnesses sign the page in your lab notebook.

Invention FAQ: Will mailing myself a registered letter establish my intellectual property rights?

A provisional application is far and away the best method to establish priority.

Fish & Associates