Posts Tagged: "first to file"

The Myth of the 18-Month Delay in Publishing Patent Applications

Starting in November 2000, the USPTO started publishing patent applications 18 months after their earliest filing date. So the simple assumption is that you file a patent and 18 months later it get publicized, right? However, since the US has moved to a first-to-file System, the “earliest filing date” is really 18 months after the earliest priority date or an application can take advantage of the 12-month grace period could be published as early as 6 months after filing.

Why it is unnecessary to open the patent system

Chien argues that it is impossible for someone to donate their technology without fearing that another will get a patent on it and defeat the well-meaning donation to the public. Such a statement plays into urban mythology and preys upon those who are convinced that patent applicants can and do steal innovations and get patents instead of the rightful inventor. If that were actually true I’d be all in favor of opening up the patent system, whatever that means. Unfortunately, Chien builds her argument on a factually erroneous foundation.

The Risk of Not Immediately Filing a Patent Application

I do not begrudge anyone their point of view, or suggest that there is but one right way to successfully get from point A where you have an idea or invention to point B where you dreams of commercial success are coming true, but with every choice there are associated risks. Unfortunately, many inventors still have not received the message about the importance of filing a patent application as quickly as possible. I know this to be true because every week I am contacted by inventors who either have already started selling or using their invention, or who are within a few days or weeks of the same. With the United States being a first to file system, a change that became effective March 16 ,2013, this can be a fatal mistake.

USPTO to Host First-Inventor-to-File Anniversary Forum

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced that it will host a public forum to discuss the first-inventor-to-file (FITF) provisions of the America Invents Act (AIA). The forum marks the first anniversary of the implementation of FITF, and will be held on March 17, 2014, at the USPTO headquarters in Alexandria, Virginia. Deputy Under Secretary of Commerce for Intellectual Property and USPTO Deputy Director Michelle Lee, along with experts from the offices of the Deputy Commissioner for Patent Examination Policy and the Deputy Commissioner for Patent Operations, will participate in the event.

The Impact of the First-to-File System on Premature Disclosures of Inventions on Social Media Websites

Social media websites such as Facebook, LinkedIn and Twitter, have changed the manner that businesses communicate and market their products and innovations. Although these tools may be beneficial by creating market “buzz” for new products through rapid information sharing, they may also be detrimental to a company’s patenting practices for the same reason. If disclosures of up and coming products are made on social media websites without the company first filing for patent protection, and the disclosures are then copied by a second party who then files an application based on the company’s social media disclosures, before the company does, then the first-to-file law could bar the company from patenting the invention, whereas the second party could then obtain patent rights to the invention disclosed on the social media site.