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by hayksaakian 4881 days ago
The title makes it sound bad, and in a perfect world it is bad, but in the real world filing a patent is more important than inventing (for better or worse). The only person who can prove the first inventor is a lawyer, and this is who the change is aimed at.

This change makes that fact the law.

1 comments

This is a series of non sequiturs. "First to file" does not dispense with the need to invent. The requirement to provide a best known mode of implementation that is tied to the claims of the patent is no different under this system than under "first to invent". The difference between the two schemes is limited entirely to cases where two parties both file for a patent on the same invention at the same time.

There's an evident misconception here, and it's clear where it comes from; we "moved" from "invent" to "file", which makes it sound like you don't have to "invent" anymore. But no, that's not what the change means.

(Obviously, first-to-file does nothing to eliminate the problem of the USPTO rubber stamping comically stupid patents.)