Comments on: Patent Reform: What Does First-To-File Mean To Me? http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/ Freshly Brewed Bio/Pharma Chat. Served Up Daily. Wed, 10 Mar 2010 16:00:30 -0500 http://wordpress.org/?v=2.9.2 hourly 1 By: Law Bites » IP Think Tank Global Week in Review - 25 January 2008 http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/comment-page-1/#comment-42883 Law Bites » IP Think Tank Global Week in Review - 25 January 2008 Sat, 23 Feb 2008 10:14:14 +0000 http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/#comment-42883 [...] Patent reform and surrounding controversy: general commentary and opinions: (Patent Baristas), (IPBiz), (IPBiz), (IPBiz), (Patent Docs), (Washington State Patent Law Blog), (Patent Docs), [...] [...] Patent reform and surrounding controversy: general commentary and opinions: (Patent Baristas), (IPBiz), (IPBiz), (IPBiz), (Patent Docs), (Washington State Patent Law Blog), (Patent Docs), [...]

]]> By: Swerdloff » Blog Archive » Patent Baristas » Patent Reform: What Does First-To-File Mean To Me? http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/comment-page-1/#comment-41379 Swerdloff » Blog Archive » Patent Baristas » Patent Reform: What Does First-To-File Mean To Me? Tue, 12 Feb 2008 13:52:37 +0000 http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/#comment-41379 [...] Patent Baristas » Patent Reform: What Does First-To-File Mean To Me?: Every industrialized nation other than the United States uses a patent priority system commonly referred to as “first-to-file.” In a first-to-file system, when more than one application claiming the same invention is filed, the priority of a right to a patent is based on the earlier-filed application. The United States, by contrast, currently uses a “first-to-invent” system, in which priority is established through a proceeding to determine which applicant actually invented the claimed invention first. [...] [...] Patent Baristas » Patent Reform: What Does First-To-File Mean To Me?: Every industrialized nation other than the United States uses a patent priority system commonly referred to as “first-to-file.” In a first-to-file system, when more than one application claiming the same invention is filed, the priority of a right to a patent is based on the earlier-filed application. The United States, by contrast, currently uses a “first-to-invent” system, in which priority is established through a proceeding to determine which applicant actually invented the claimed invention first. [...]

]]> By: Russian Patents Blog » First-To-File vs First-to-Invent explained, quite nicely http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/comment-page-1/#comment-38206 Russian Patents Blog » First-To-File vs First-to-Invent explained, quite nicely Wed, 23 Jan 2008 13:32:48 +0000 http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/#comment-38206 [...] particular interest to me was recent post on regard of (US) Patent reform - Patent Reform: What Does First-To-File Mean To Me? - Stephen Albainy-Jenei quite nicely explained First-To-File vs First-to-Invent (and variation [...] [...] particular interest to me was recent post on regard of (US) Patent reform – Patent Reform: What Does First-To-File Mean To Me? – Stephen Albainy-Jenei quite nicely explained First-To-File vs First-to-Invent (and variation [...]

]]> By: Canuski http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/comment-page-1/#comment-37592 Canuski Fri, 18 Jan 2008 09:35:27 +0000 http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/#comment-37592 "This is different from many other countries, which have a literal “first-to-file” system that allows anyone to file as long as they are first." I'm not sure this is entirely accurate - at least as far as Europe is concerned. Art. 60(1) of the European Patent Convention (EPC) states that the right to a European Patent shall belong to the inventor or his successor in title. Art. 60(2) EPC states that where two or more people have independently made an invention then the right shall belong to that with the earliest filing date. Art. 61 EPC provides for the transfer of rights when the true owner of the invention has obtained a judgment to that effect. Therefore, I think the proposed 'first-inventor-to-file' system mirrors quite closely the situation in Europe. “This is different from many other countries, which have a literal “first-to-file” system that allows anyone to file as long as they are first.”

I’m not sure this is entirely accurate – at least as far as Europe is concerned.

Art. 60(1) of the European Patent Convention (EPC) states that the right to a European Patent shall belong to the inventor or his successor in title.

Art. 60(2) EPC states that where two or more people have independently made an invention then the right shall belong to that with the earliest filing date.

Art. 61 EPC provides for the transfer of rights when the true owner of the invention has obtained a judgment to that effect.

Therefore, I think the proposed ‘first-inventor-to-file’ system mirrors quite closely the situation in Europe.

]]> By: Movies and Film Blog » Patent Reform: What Does First-To-File Mean To Me? http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/comment-page-1/#comment-37566 Movies and Film Blog » Patent Reform: What Does First-To-File Mean To Me? Fri, 18 Jan 2008 03:53:49 +0000 http://www.patentbaristas.com/archives/2008/01/17/patent-reform-what-does-first-to-file-mean-to-me/#comment-37566 [...] Patent Baristas placed an interesting blog post on Patent Reform: What Does First-To-File Mean To Me?Here’s a brief overview [...] [...] Patent Baristas placed an interesting blog post on Patent Reform: What Does First-To-File Mean To Me?Here’s a brief overview [...]

]]>