Wed 30 Nov 2011
Is First-to-File good or bad?
Posted by admin under Uncategorized
Comments Off on Is First-to-File good or bad?
One of the major aspects of the new patent law is a switch from first to invent to first to file. The main reason for the change was to standardize with the rest of the world. However, I think the main attractiveness is its simplicity. You can give priority based on a simple filing date instead of figuring out who actually invented first. However, some studies suggest it hurts small business ( http://www.forbes.com/sites/ciocentral/2011/09/20/new-patent-law-means-trouble-for-tech-entrepreneurs/ ). It is true that the small inventor doesn’t have attorneys on staff to remind them to file and that may cause them to miss the advantages of filing early. Seems like getting the word out to EVERYONE about the new law may be the key. Right now, I suspect 99% of the population has no idea anything is changing. Only us patent attorneys know.