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The Patent Act of 2005

Posted by Hemos on from the the-joy-of-the-legal-age dept.

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."

3 of 27 comments (clear)

  1. First to file? by Short+Circuit · · Score: 4, Interesting

    I can't see that as helping much...it would seem to me to open the gates for people to crawl through places like WhyNot.net and newsgroups watching for people to RFC their ideas, and patent them.

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    tasks(723) drafts(105) languages(484) examples(29106)
  2. Re:this is supposed to make it better? by Arioch+of+Chaos · · Score: 2, Interesting

    "So, someone invents something, and sells it in their home town..."

    Well, to begin with, that would make it unpatentable in most countries (except the US) as it would no longer be novel.

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    IAAAL - I am actually a lawyer ;-)
  3. First to file is a good thing by alienw · · Score: 4, Interesting

    First to file does NOT mean you can take something that someone else invented and patent it. It means that when two people invent the same thing simultaneously, the first one to file the patent gets it. Of course, if the first person publishes the invention, it will become prior art, and therefore ineligible for patent protection.

    The first to invent thing was always kooky because it required inventors to keep very good records of when they invented what. When you get a good idea, do you run to a notary public to get it notarized? That's what "first to invent" requires as documentation. Every other country in the world uses "first to file" as the standard for patents.