[Geowanking] Patent Law - Taking a turn for the worse...

P Kishor punk.kish at gmail.com
Tue Mar 10 09:52:27 PDT 2009


On Tue, Mar 10, 2009 at 11:42 AM, Landon Blake <lblake at ksninc.com> wrote:
> Just when I was hoping we might see some patent law reform, I heard this
> story on proposed changes to the patent system:
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> http://marketplace.publicradio.org/display/web/2009/03/10/patent_law/
>
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> It would award patents to the first entity to file a patent application, not
> the entity to first use a patented idea.

Actually, "first to invent" not first to use. First-to-file is the
norm in most of the world. I believe the US and perhaps Philippines
follow first-to-invent. The US also gives a one year grace period from
the date of invention to filing the application that you don’t lose
your rights to patent that application. However, rest of the world
doesn’t give such grace period.

The pros and cons have been debated for a long time, and become
particularly thorny when dealing with patents with worldwide appeal.

One compromise might be that the US might get a "first inventor to
file" in case of two or more inventors claiming the same invention.

> Would this basically abolish “prior
> art”?

No, this has nothing to do with "prior art" as I understand it.


>
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> This is getting ugly.
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> Landon
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>
..



-- 
Puneet Kishor http://www.punkish.org/
Nelson Institute for Environmental Studies http://www.nelson.wisc.edu/
Carbon Model http://carbonmodel.org/
Open Source Geospatial Foundation http://www.osgeo.org/
Sent from: Madison WI United States.




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