The Patent Act of 2005

stevelaniel writes "The Patent Act of 2005 has been proposed, and at least one law professor has described it as "a surprisingly broad proposal to reform patent law. Among other significant changes, it proposes to scrap the first to invent standard in favor of a first to file standard. Other notables include imposing a rigorous duty of candor on applicants, limits on damages/injunctions and new standards for anticipating prior art." The Promote The Progress weblog is compiling source documents on the Act."

Comments

Re:this is supposed to make it better?

[ahknight]

Did anyone read the bill before posting about it? The rule for patent acceptance is first-to-file, but a valid patent still requires first-to-invent.

This is designed to clear the PTO's backlog, nothing more.

102. Conditions for patentability; novelty
(a) NOVELTY; PRIORART.
A patent for a claimed invention may not be obtained if
(1)(A) the claimed invention was patented, described in a printed publication, or otherwise known more than one year before the effective filing date of the claimed invention; or
(B) the claimed invention was patented, described in a printed publication, or otherwise known before the effective filing date of the claimed invention, other than through disclosures made by the inventor or by others who obtained the subject matter disclosed directly or indirectly from the inventor; or
(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published under section 122(b), in a case in which the application or the patent names an other inventor and the application was effectively filed before the effective filing date of the claimed invention.
(b) COMMONLY ASSIGNED INVENTION EXCEPTION.
Subject matter developed by a person other than the inventor that would have qualified as prior art under subsection (a)(2) but not under subsection (a)(1) shall not be prior art to a claimed invention if the subject matter and the claimed invention were, not later than the effective filing date of the claimed invention, owned by the same person or subject to an obligation of assignment to the same person.

Re:Why First To File Sucks

[Arioch of Chaos]

If you have been doing it in a non-secret way, their "invention" is not new and they should not get a patent. Your product is prior art.

However, if it's a part of your secret production processes... In many countries you would then be allowed to continue as before but you would lose the ability to sell the technology as their patent would cover all other use.

Re:First to file is a good thing

[servoled]

Look up interference practice in the MPEP sometime.