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0 pointsnoonespecial15y ago0 comments

The real question is this in "first to file": How does this affect so called intellectual "property" entering the public domain by choice of the inventor?

If inventor A invents something useful and foundational and open-sources it because he feels it benefits all mankind, can some greedy turd patent it later and yank it back out of the public domain because he was "first to file"?

Currently all I have to do is invent the thing and publish it and it becomes prior art, no need to file anything because I'm first to invent and I proved it by publishing. Under this new system do I have to file first and pay for it before I can declare it public domain?

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SoftwareMaven15y ago

I doubt the prior art requirements would change. Today, you can't (in theory) get a patent if prior art exists. If Inventor A open sources the invention, prior art is pretty easy to prove.

The bigger issue is that, unless the patent office happens to notice Inventor A's work while process the patent, which, of course, is no different than it is today.

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