Re:Patent US5443036 – Method of exercising a cat
by amalcon on Friday October 23, 2015 @10:45AM
(#10438873)
I am not a lawyer, this is not legal advice, if you're actually in a situation where it matters you should check with a real lawyer, etc.
This is a common misconception. First-to-file does not mean that prior art doesn't matter. First-to-file means that, if I invent something today, you invent it tomorrow, you try to patent it the next day, and I try to patent it three days from now, nobody gets the patent. In first-to-invent, I would get the patent.
The 2013 law explicitly still gives weight to prior art.
This is a common misconception. First-to-file does not mean that prior art doesn't matter. First-to-file means that, if I invent something today, you invent it tomorrow, you try to patent it the next day, and I try to patent it three days from now, nobody gets the patent. In first-to-invent, I would get the patent.
The 2013 law explicitly still gives weight to prior art.