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Patent Reform Act Proposes Sweeping Changes

Posted by ryuzaki0 on from the patent-wars dept.

Geccie writes "CNet is reporting that Senators Patrick Leahy and Orin Hatch have proposed sweeping changes in the patent system in the form of the Patent Reform Act of 2006. Key features are the ability to challenge (postgrant opposition) with the Senate version being somewhat broader and better than the house version." From the article: "Specifically, it would shift to a 'first to file' method of awarding patents, which is already used in most foreign countries, instead of the existing 'first to invent' standard, which has been criticized as complicated to prove. Such a change has already earned backing from Jon Dudas, chief of the U.S. Patent and Trademark Office."

2 of 336 comments (clear)

  1. "first to file" issues by keithmo · · Score: 5, Informative

    In the current system, a person/company has some fixed amount of time (1 year? 6 months? I don't recall) to file a patent after the invention has been mentioned publicly. Some companies rely on this by shipping the product first, then worrying about filing the patent applications. "First to file" will likely delay many product releases, as the inventor will be required to get the patent application process started before release.

  2. Re:So you do not want to patent, we got you ! by Znork · · Score: 4, Informative

    "First to file rather than first to invent means that all pesky open source programmers will have to worry"

    It's not a problem for open source; if you've released code as open source that means it's been published, and no patent application filed on a later date could be granted covering any supposed invention in that code.

    It's not first to file for a particular invention, it's first to file for a particular _previously undisclosed_ invention.