Patent Lawyer Mark Trenner answers questions about “Where do I go with my bright idea.”
Interviewer: Even under the “old” patent law?
Patent Attorney: Yes, because most foreign countries have a stricter standard, and have required inventors file a patent application prior to any public disclosure of their invention.
Interviewer: So it has always been good practice to keep your invention confidential until a patent has been filed.
Patent Attorney: Yes, and now it can be even more important given the new patent laws in the United States.
Interviewer: Back to the article. I see that they also discuss the cost of applying for a patent, and that many inventors are foregoing the patent process and just taking their product to market.
Patent Attorney: Right, and the article also points out that under the “old” patent law there wasn’t necessarily a need to hurry to the patent office, the America Invents Act also introduced the “first-to-file” in the United States.
Interviewer: What is “first-to-file”?
Patent Attorney: The patent law used to be a “first-to-invent” system in the US. In other words, before the America Invents Act, if two people filed a patent application for the same invention, the US Patent Office would grant the patent to the inventor that could prove they invented first. Like the article says, inventors could take time to explore marketing opportunities and would be protected.
For Part 4, see New Patent Law Wisconsin Q & A – Part 4 of 4