Monday, April 4, 2011

First-Inventor-To-File needs a name change.

First-Inventor-To-File has part of the patent reform bill is accurate, however, the results of the change would require a better title: First-to-Disclose. Currently, disclosure of patent-eligible subject matter can stop a patent from being issued if it is more than one year prior to invention. In the proposed system, any disclosure before filing creates estoppel from allowance of the patent eligible subject matter, unless that disclosure was "derived" from the inventor. This may create disclosure wars, where individuals will disclose ideas as soon as possible in order to block their competitors from being able to obtain patent protection for their idea. However, the solution may already exist; it is the provisional application. The provisional does not require claims, but only needs a description of the invention and a pictures, if necessary. The provisional would allow innovators to obtain a protective filing date before the invention could be reduced to practice or perfected. Then that original filing could be perfected into a regular application, as long as new matter is not entered. Query whether this will induce higher quality patents?

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