Linked by Thom Holwerda on Wed 20th Mar 2013 23:43 UTC
Legal Countries are starting to get into the patent business; countries like France and South Korea are setting up patent entities to protect domestic companies. "Intellectual Discovery presents itself as a defensive alliance: if a South Korean company finds itself targeted in a lawsuit, for instance, it can access the patents being compiled by Intellectual Discovery to hit back." I support this. If, say, a small Dutch company were to come under unfair patent aggression by bullies like Apple and Microsoft (quite likely these days), I damn well expect my government to protect them from it. If you can't fix the system, work with it. As simple as that.
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also troubling...no more prior art?
by fran on Thu 21st Mar 2013 01:42 UTC
fran
Member since:
2010-08-06

Sort of related news...
The US made it's transition from a first to patent to first to file system few days ago.
I guess this will influence the prior art defense, but there are conflicting comments over the internet about whether this is the case.


http://thenextweb.com/insider/2013/03/16/starting-today-the-us-has-...

Reply Score: 2

bhtooefr Member since:
2009-02-19

That article was basically completely wrong.

In a first to invent system, if two people invent something independently, and both file, but the person who invented the item second, is the first to file, the first person, who was the first to invent, gets the patent.

In a first to file system, if two people invent something independently, and both file, but the person who invented the item second, is the first to file, the second person fails to get the patent due to the first person's prior art, and the first person is ineligible to file due to the second person filing first, so NOBODY gets the patent, and the invention reverts to the public domain.

Reply Parent Score: 4

Tractor Member since:
2006-08-18

Prior art is not enough.
You need a "published prior art" to invalidate a patent.

Reply Parent Score: 2