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by tptacek 5385 days ago
Am I misreading this, or is what you said the opposite of true?

http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=120251473037...

(It is very likely I'm misreading it).

1 comments

I'm an entrepreneur and inventor. I want to make a record here that I have no fucking idea whether publishing my invention is enough to have Prior Art, or whether I need to state the use of the invention in my business case, or whether I need to file a patent.
As an entrepreneur, an "inventor", and a patentholder: I believe this is simple:

(a) if you're planning on staking a claim on a patent, get a patent lawyer (no part of this bill reduces the need for IP lawyers; whether you like the concept of requiring IP lawyers or not is besides the point).

(b) if you're not planning on getting a patent (and I think you shouldn't, for simple pragmatic reasons), just publish what you're doing as soon as you can, and you'll have established a prior art track record.

The reform we're talking about changes the mechanics of competing claims for a patent, but it doesn't make prior art harder to establish (my understanding is that in a variety of little ways it makes prior art easier to establish).