[maratd]

How very nice that they bury the horrible news toward the end of the article.

Getting a valid patent is an expensive prospect. Today, many times, small businesses innovate, use their innovation, but never file for a patent because of the prohibitive costs.

With this new law, there will be absolutely nothing to stop a large firm, a competitor, or just a random patent troll to notice your invention (which you are using) and then file a patent for it. And then, guess what? You're screwed.

IBM happy about the new law? What a shock.

[tzs]

> With this new law, there will be absolutely nothing to stop a large firm, a competitor, or just a random patent troll to notice your invention (which you are using) and then file a patent for it. And then, guess what? You're screwed.

Nope. From 35 USC 102:

   A person shall be entitled to a patent unless -
   ...
   (f) he did not himself invent the subject matter sought
   to be patented

[drzaiusapelord]

First to file doesn't invalidate prior art.

[maratd]

For it to be prior art, the entire invention must be publicly documented and published. You must also disclose how to use it.

In other words, you must release it to the public where everybody, including your competitors, can use it as they see fit. While that's better than getting your pants sued off by a troll or a big corporation for using your own invention, it's most certainly worse than the status quo.

On top of that, the courts have a funny way of defining what is and what is not obvious. You may think the process you created and use in your company is obvious, so you never bother to document it or publicly disclose it, and then you end up in court. With zero protection. Is that what we really want?

[juiceandjuice]

Third parties can now submit prior art to patent applications. This is huge, it means we can help intercept and readjust before patents get granted and people get sued.

What we need now is a website tracking patent applications and assignments by companies (specifically Intellectual Ventures and their cronies) and inform the public to submit prior art for these applications and now help the patent office do a better job than it's been doing, and prevent the courts from even having to be involved.