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