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First to invent vs. first to file a patent. What does it mean?

intellectual property

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#1 YOLF

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Posted 11 September 2018 - 06:58 PM


So I was reading an article about a patent dispute and learned that US patent law has changed. Am I reading this right? Being an inventor of something no longer means they are the patent holder... rather they have to file it?

 

The way it's described sounds like I could just pick something off the internet which someone had intended to make public domain and patent it... Is that correct? Do we have to patent something first if we want it to be public domain? Doesn't that add expense? Should they make it free since the invention is intended for the public domain? Seems like a burden is being created for those who just want the world to have it. 



#2 Mind

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Posted 15 September 2018 - 10:36 AM

I am pretty sure "first to file" does not allow you to essentially "steal" other ideas off the Internet. You still have to prove that you invented it. It is often the case that separate inventors around the world will invent something at nearly the same time (without knowing about the other inventors). In this case, "first to file" can help out, because it might be difficult to figure out who exactly invented it first.

 

IMO, patents have outlived their usefulness in our hyper-connected world. There are hardly any "novel" inventions anymore.


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#3 wanderlust

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Posted 07 October 2018 - 09:46 PM

hello if you are UK  As a life time member i would point you in the direction of The patentees and inventors society .

 

here in the uk if you can prove prior invention you can overturn a patent they also have a time limit on them and become extremely expensive to maintain for any length of time they are also entirely ignored by the entire population of china . the  original idea of a patent  was to give companies a head start ,  if you create something new  you had a few years to establish your self in the market before competitors could begin using your idea as well which was wonderful but as times changed  and copyright and intellectual property laws rolled around  mass consumerism and the birth of multinational corporations changed the humble patent into something entirely different from its humble origins something at times ugly and blunt. 

 

A good example of the things being invented in multiple locations is the meatball , just about every group of humans everywhere have at some point in there history rolled meat into a ball , the Aztecs , the Swedish, the Celts . 

is rolling meat and creating certain kinds of devices a and tools an aspect of who we are as a species hence the unilateral invention ?

 

Perhaps in the vastness of space there is a planet where all of its inhabitance create meat pyramids an interesting thought.

 

 

 


Edited by wanderlust, 07 October 2018 - 09:54 PM.

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#4 seivtcho

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Posted 11 October 2018 - 05:46 AM

....

here in the uk if you can prove prior invention you can overturn a patent they also have a time limit on them and become extremely expensive to maintain for any length of time they are also entirely ignored by the entire population of china ....

 

The same is in the EU :)

If you see your work patented, you may start a lawsuit, and if you proove, that you have done that before the patent, you win, and the patent is deminished as non-valid. For example, if you show it published somewhere, the patent will be invalid.

 

The intellectual properties rights are not only the patents. Its also everything published - books, scientific researches, majors and PhDs, even non scientific journals.

 

The RIGHTS of the patent have a time limit. Your patent may "expire", but that does not mean, that you are no longer considered the inventor. Expired patent means, that after you have stopped paying the tax for maintaining  your patent, everyone can now legally produce your invention and sell it. But you are the inventor, you have your patent certificate, and you can renew the rights of the patent at any time.



#5 seivtcho

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Posted 11 October 2018 - 05:55 AM

I am pretty sure "first to file" does not allow you to essentially "steal" other ideas off the Internet. You still have to prove that you invented it. It is often the case that separate inventors around the world will invent something at nearly the same time (without knowing about the other inventors). In this case, "first to file" can help out, because it might be difficult to figure out who exactly invented it first.

 

IMO, patents have outlived their usefulness in our hyper-connected world. There are hardly any "novel" inventions anymore.

 

You can steal others ideas, ofcourse, with that "first to file". There are many people, who show their work, on videos, exibitions, web sites, without being patented.
 

The "first to file" looks like a legalized way of stealing intellectual property.

 

It looks like you no longer have to share your ideas anywhere. You have to first publish or patent, and then showing.



#6 YOLF

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Posted 11 October 2018 - 04:52 PM

Perhaps this is why China feels that they are not stealing "our" patents... Did we just write some silly selfish law that no one is ever going to respect?

 

I imagine that the law does allow people to patent things without being the inventors and that it does happen and often goes unnoticed. What would it take to chase this down? You'd need money or time to crawl the internet and other info sources to find these things or proof that it existed as an inventor.

 

Anyone from China?

 

 

 



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#7 seivtcho

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Posted 12 October 2018 - 08:29 PM

Ah, Chinese steal intellectual properties just like that, for a good morning

 

The nice thing is that as far as I know, they can't kick you out as the inventor, you always will be considered the inventor if you were first, but the chinese, however start producing whatever they manage to grab and they don't care at all who holds the patent.

 

Counteracting stealing of intellectual property can be very hard.

The best contra seems to be to publish and patent everything before showig it to public.

 

 







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