quote: Traditionally, the U.S. patent system has awarded patents to the first person to invent a new discovery. The AIA changes this long-settled approach. Although the AIA is labeled as a 'first-inventor-to-file' system, that label is a smokescreen. Under the AIA, the patent will be awarded to the person who is first to file a patent application, regardless of whether the applicant was the actual first inventor of the technology in question. In fact, the AIA removes from the 'conditions of patentability' of Section 102 of the Patent Act (and thereby from the conditions of patent validity) the requirement that the named inventor actually invented the claimed subject matter.
quote: (n) EFFECTIVE DATE.— (1) IN GENERAL.—Except as otherwise provided in this section, the amendments made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act, and shall apply to...
quote: Prior User Defense – effective September 16, 2011 and available to all patents issued on or after September 16, 2011
quote: You can thank last September's change to the US Patent law from a "first to invent" to "first to file" system for determining who owns IP. A lot of the insanity unleashed upon us has come from that.
quote: Please point to what you think are the key provisions which you think are capable of unleashing insanity and I will be happy to tell you why they do not.
quote: Your concerns about ownership in first to invent vs. first to file are valid.
quote: Prior art has not changed, it's still "if an invention has been described in the prior art, a patent on that invention is not valid"; it is not about when a patent application is filed.
quote: NOVELTY; PRIOR ART.--A person shall be entitled to a patent unless--(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention...;
quote: But you are conflating two points: First to File is everything about ownership. Prior art has nothing to do with that.
quote: Derivation proceedings a) INSTITUTION OF PROCEEDING.--An applicant for patent may file a petition to institute a derivation proceeding in the Office. The petition shall set forth with particularity the basis for finding that an inventor named in an earlier application derived the claimed invention from an inventor named in the petitioner's application and, without authorization, the earlier application claiming such invention was filed. Any such petition may be filed only within the 1–year period beginning on the date of the first publication of a claim to an invention that is the same or substantially the same as the earlier application's claim to the invention, shall be made under oath, and shall be supported by substantial evidence...
quote: Any such petition may be filed only within the 1–year period beginning on the date of the first publication of a claim to an invention that is the same or substantially the same as the earlier application's claim to the invention
quote: A switch to a first-to-file patent regime from its first-to-invent system has become imminent for the U.S. To learn about probable effects of such a policy change, we examine a similar switch that occurred in Canada in 1989. We find that the switch failed to stimulate Canadian R&D efforts. Nor did it have any effects on overall patenting. However, the reforms had a small adverse effect on domestic-oriented industries and skewed the ownership structure of patented inventions towards large corporations, away from independent inventors and small businesses. These findings challenge the merits of adopting a first-to-file patent regime.
quote: And again, companies like to file in the US first to take advantage of our old system, rather than file in "the rest of the world" first. So what does that tell you? When that is no longer available to them, then the effects of FTF in other countries will become more apparent as well. To what degree, is hard to say until we see it happen.