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not true
It is rare that anyone applies for a patent directly; usually a "Provisional Patent" is filed - this is staking your claim. You then have 1 year (typical, but varies between countries) to file the full specification. "First to file" is just convenient from the legal point of view - it does bring up other problems though. What happens if ACorp was using a certain procedure (yes, you can now patent procedures! - how stupid) or actually building a product with a non-patented gizmotron to improve the performance of the product. BCorp comes along, reverse engineers the product, sees that the gizmotron isn't patented, and patents it. What now? Sounds like a field day for lawyers to me.
Posted by: zoroaster   Posted on: 09/10/07 You are currently: a Guest | Members login | Terms of Use
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Thank you Marcy Kaptor - big transnational companies  mighetto | 09/07/07
OK - now i believe everyone else.  nomorems | 09/07/07
RE: House votes to overhaul patent system  frgough | 09/07/07
Not!  nomorems | 09/07/07
yeah, note google complaining about honest judges  gabrielbear@... | 09/10/07
That's a joke, right?  rjcarlson49 | 09/10/07
My problem with first to file is...  John L. Ries | 09/07/07
Agree  Tim Patterson | 09/08/07
Anti-competitive!=Anti-capitalist  John L. Ries | 09/08/07
Umm, who "invented" radio?  No_Ax_to_Grind | 09/09/07
I think Tesla actually did the research...  John L. Ries | 09/10/07
Tesla-Radio-First to invent versus first to file.  StanislavF | 09/10/07
Maybe first to postmark?  JoeysLapTop | 09/11/07
The other problem I see...  Bob.Kerns | 09/09/07
The beauty of "first to file"  kbaily05@... | 09/10/07
not true  zoroaster | 09/10/07
.....and patenting 'discoveries'  alblake | 09/10/07
Patents != Capitalism  Tim Patterson | 09/08/07
Patent search costs are a barrier to individuals  alpyne2@... | 09/14/07
As a software patent holder...  No_Ax_to_Grind | 09/09/07
Good ideas Bit...  Tim Patterson | 09/09/07
re: As a software patent holder...  CobraA1 | 09/10/07
hmmm  balaknair | 09/10/07
"No Axe" for Senator...  jtenser@... | 09/10/07
Re: No_Ax...  STDog | 09/10/07
OMG! Pigs are flying...  Dr. John | 09/10/07
Better idea . . .  Raymond Danner | 09/10/07
re "House OKs revamp of patent system"  CobraA1 | 09/10/07
what's the unaddressed core issue?  seanwal111111 | 09/10/07
RE: House votes to overhaul patent system  GIGOmat | 09/10/07
All patents must die [nt]  Omch'Ar | 09/10/07
Those dastardly corporations  DaveMorris | 09/10/07
Maybe so... but  jdriddle | 09/10/07
RE: House votes to overhaul patent system  Don't Ask Me | 09/10/07
Does not cause that huge an increase in patents.  StanislavF | 09/10/07
EVEN MICROSOFT LINKS TO BitTorrent  BALTHOR | 09/10/07
RE: House votes to overhaul patent system  walkerjian@... | 09/10/07
RE: House votes to overhaul patent system  rhill33 | 09/10/07
Foreign Patent Systems  davidsarmstrong | 09/10/07
RE: House votes to overhaul patent system  rzz1950 | 09/11/07
Use it or loose it.  zclayton2 | 09/11/07
"Defensive" Patents  optimist134 | 09/11/07
lame  kouzen | 09/11/07
lame? legitimate?  optimist134 | 09/12/07
Sorry, but I just....  cheesyone | 09/11/07
Legitimate? Lame?  optimist134 | 09/12/07
RE: House votes to overhaul patent system  locodragon2003 | 09/11/07

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