http://online.wsj.com/article/SB10001424127887324077704578360681887241150.html
This weekend I came across an interesting Wall Street Journal Article about the race to file patents. the article talked about the current changes in the United States that will recently took effect. These changes made the process much harder and a lot more expensive.
"On Saturday, the U.S. will switch to a "first-to-file" system. As a result, the PTO will give priority to those who file their applications first regardless of any independent evidence that another inventor may have actually come up with the idea earlier. The switch was made largely to harmonize U.S. law with the rest of the world, most of which follows versions of the "first-to-file" system."
Such changes could pose many challenges to entrepreneurs or small business owners. The new measures will raise the bar on what it takes to establish a viable patent.
"For instance, patent applications made in other countries have long been considered prior art only if they were published in English. Under the new law, foreign patent applications will be considered prior art regardless of what language they're in."
In my opinion, such patent law is harmful to the U.S. economy. The United States has always been the inventor rather than the copier. Small businesses and inventors should be helped not hurt! The U.S. does not need this strict rules, its the countries that copy us that do...
Good post, I agree that there are some inherent problems with the change to first to file and in some cases this change may really hurt the individual inventor who may not have as many resources as a larger company that may file first.
ReplyDeletethere are both good and bad points for having this new system of patent filing. I feel that these changes are more beneficial because stricter rules like the language for prior art would prevent copying, and more originality. The first to file system ensures fairness as well. If the inventor does not have the ability to file a patent, it is doubtful that he has the ability to produce the product. Issuing him the patent would then be more harmful as it would prevent others from pursuing the new idea and prevent innovation.
ReplyDeleteWhile the 'first to file' might harm those who are slow to file patents for their ideas, it means a great deal less work for the patent office itself. The change in law will cut down on the resources that go into the USPTO's hearing of patent ownership cases.
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