It was bound to happen sometime. I am going to have to update my vision of inventors. I always think of somebody having an idea and writing it down quickly on a restaurant napkin. Or perhaps another person coming up with an invention in their barn, kitchen, or garage. They have been working on this for a long time and it comes together! They are so excited, get the invention down on paper, and mail it in to the Patent Office for official blessing and cataloging. The under dog has won again.
The U.S. Senate and House have passed versions of a bill to revise how patents will be registered. They now will go into conference and will eventually pass the America Invents Act, which proposes America transition from a first-to-invent patent system to a first-to-file system. This will bring US patent law into line with Europe and other parts of the world.
Currently, under the first-to-invent system, an inventor can claim the right to a US patent if the inventor
can prove they were the first to invent. The surest proof has long been a filed patent application, but other kinds of proof are acceptable - dated journals, photographs, letters, videos, etc. can be used to substantiate a claim of inventorship as of a certain date. Under first-to-file, the only thing that matters is the filing date of the patent application.
I think this will make it easier for those with banks of attorneys and funding to get to the Office first and file. But it will also make the individual inventor more aware of the process and they will need to be more focused on properly protecting their intellectual property. It will be harder on the small inventor to be sure. You just need to know this and go in with your eyes wide open.
EDITORIAL NOTE: I wish to add that today, September 16, 2011, President Obama signed the America Invents Act into law.
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