House votes to overhaul patent system

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Does not cause that huge an increase in patents.

The first to file system (which I do not necessarily agree with) would not change the need for something original and not intuitively obvious. The patent system requires that (even after this bill) and it cannot be something like "add a new spoke to a bike wheel." The Japanese system is more like that. Additionally, the patent law requires that it have a stated use (so filing something on the thought of future application does not apply).

Finally, many people are implying because if you don't file you lose out that it will increase the patents...we already do that, just a bit differently. ONCE PUBLIC you have a very short time (about a year, or 18 months) to file a patent or lose your idea to public domain. This is true EVEN IF YOU DID NOT MAKE IT PUBLIC BUT SOMEONE ELSE DOES. SO there is already the built in rush to the patent office. All this does is compress the time even more. MY main objection is that by compressing this time even more you are increasing the COSTS for the little guy.

I DO agree that it might increase the total patents by getting components patented in rapid succession. That is not ALL bad as it forces the patent to be simpler in many ways. This is important as there is a huge backlog already.

I am slightly ambivilant about the first to file versus first to invent, as noted the rest of the world does it first to file.

It does not remove the need for you to prove YOU invented it (e.g. you did not steal the ideal). It does, unfortunately, probably cause more lawsuits in that area though.

I ramble and digress. The real flaws in the patent system remain, which is what IS patentable. (e.g. why in the f*ck does Amazon get a patent on the "one click shopping" concept! That is not patentable, in my person re-write of the patent law).

Posted by: StanislavF   Posted on: 09/10/07 You are currently: a Guest | Members login | Terms of Use

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