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by DannyBee 4881 days ago
What he said (i'm a registered patent attorney).

It's mostly good, though there was some bad/ambiguous wording in the original AIA that is now "mostly fixed".

The thing to remember is that first-to-file doesn't mean that if i file a patent app on something you invented, before you do, that I get a patent.

It's about what happens when two people file patent apps for things they can both prove they invented.

Before, there was a complex system of colliding patent resolution. Now, it's "first guy to file wins".

More things are also now prior art. You can't get around prior art by showing you invented before the prior art was published, for example.

1 comments

Thank you, this:

> The thing to remember is that first-to-file doesn't mean that if i file a patent app on something you invented, before you do, that I get a patent. It's about what happens when two people file patent apps for things they can both prove they invented.

was very helpful in clarifying.