Well, there are a number of countries out there who have already adopted the "first to file" standard. It isn't perfect, but it does bring the US in line with the direction the rest of the world appears to be going.
What does this mean to me? It means if I intend to file a patent, I need to get on filing a provisional almost immediately to secure the priority date and not wait around.
Provisionals aren't that expensive. What I do think will happen is that, as folks figure this out, there will be a flood of provisionals. Then within a year, companies small and large, need to decide if it's worth the $$ to convert to a utility patent.
Since most engineers are forced to sign over all of their patent rights to the company when they are hired, this bill really hurts the small businesses and individuals who cannot afford to file the patent. As always, the big guys win and the little guy loses. This bill will most likely reduce innovation in the US more than it will encourage it.
In America, people make great effort to prosper USA by many effective method like patent reform. While in China, people only have strong passion to earn money as quickly as posssible. Therefore, most of people are focus on house, stock,etc. Seldom people would like to do research work which need very long time to have achievement. Chinese people do not have meaningful value,money=success. What a pity! How dangerous the nation is!
Patent should be used to encourage innovations, and thus patent will prosper the industry. To enhance this mechanism, we should motivate more people to invent high-quality patent.
There're ways of motivate people to invent and benefits from it.
1. Inventors should also have part of right in patents. (Employer own the right will lead to discourage employee to invent.)
2. Lower the patent maintenance fees so the private inventors can prosper.
3. Ease the sales of patents from private inventors to company.
4. Tax free for patents' gain.
In so doing US can compete world wide in innovation. Employer takes advantage of inventor without appreciation will be minimized. This is a new business model which will prosper US.
I have mentioned it before but it is still possible for small inventors to get recognition and licensing fees from larger businesses in the USA. (TPL and the Moore microprocessor Patents) Yes there were legal complexities that burned money thereafter but the patent process worked as it should.
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