I'm not sure if this has been posted in a thread somewhere, but as a fellow inventor wannabe, I thought this deserve some attention.
What's new?
- The effective date for the first-inventor-to-file provisions is March 16, 2013.
Why this is good news for us?
- Because the current first-to-invent system almost never benefits the independent inventor. This is especially the case where the independent inventor would be expecting a benefit when they are the first to invent but not first to file.In the past seven years, of more than 3 million applications filed, only 25 patents were granted to small entities that were the second inventor to file but were able to prove they were first to invent. Of those 25, only one patent was granted to an individual inventor.
Therefore, it seems clear that the fear that first inventor to file will only benefit large patent owners is unfounded and inconsistent with the facts. Further, the cost of proving who was first to invent, under the current system, is prohibitive to small businesses and independent inventors. It costs an average of $400,000 to $500,000 in legal fees to engage in interference proceedings to determine who invented first.
Most independent inventors simply do not have the resources to participate in these proceedings. So the facts demonstrate that the current system of first-to-invent actually favors those with deep pockets and works to the disadvantage of small companies and independent inventors with limited resources.
By contrast, under the legislation, a $110 provisional application will establish effective rights to an invention, securing first-inventor-to-file status with no risk of subsequent disputes.
If it is decided that an invention is not worth immediately filing a patent application for, publicly disclosing the invention should prevent others from receiving patents on the same technology. But the decision to publicly disclose an invention before filing a patent application should not be taken lightly. Public disclosure prior to filing a patent application will likely cause foreign patent rights to be forfeited.
More info: First Inventor to File
What's new?
- The effective date for the first-inventor-to-file provisions is March 16, 2013.
Why this is good news for us?
- Because the current first-to-invent system almost never benefits the independent inventor. This is especially the case where the independent inventor would be expecting a benefit when they are the first to invent but not first to file.In the past seven years, of more than 3 million applications filed, only 25 patents were granted to small entities that were the second inventor to file but were able to prove they were first to invent. Of those 25, only one patent was granted to an individual inventor.
Therefore, it seems clear that the fear that first inventor to file will only benefit large patent owners is unfounded and inconsistent with the facts. Further, the cost of proving who was first to invent, under the current system, is prohibitive to small businesses and independent inventors. It costs an average of $400,000 to $500,000 in legal fees to engage in interference proceedings to determine who invented first.
Most independent inventors simply do not have the resources to participate in these proceedings. So the facts demonstrate that the current system of first-to-invent actually favors those with deep pockets and works to the disadvantage of small companies and independent inventors with limited resources.
By contrast, under the legislation, a $110 provisional application will establish effective rights to an invention, securing first-inventor-to-file status with no risk of subsequent disputes.
If it is decided that an invention is not worth immediately filing a patent application for, publicly disclosing the invention should prevent others from receiving patents on the same technology. But the decision to publicly disclose an invention before filing a patent application should not be taken lightly. Public disclosure prior to filing a patent application will likely cause foreign patent rights to be forfeited.
More info: First Inventor to File
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