Comment: Re:Facepalm (Score 3, Informative) 390
I think you should read up what the First To File change actually has to do with. Prior Art is still considered. If I develop and ship a product, then Company B comes around and patents something already in my product (that I didn't patent), their patent can be invalidated by my product as prior art.
What this really is supposed to "fix" is 2 companies that develop the same tech around the same time and file for patents around the same time (lets say within a year of one another), but before either has gone to market. In the system prior to "First to file", a really expensive and long lawsuit would have to occur where each side had to try and prove that they invented the patented idea first. This would involve both sides submitting design documents, emails, and any other forms of recorded communications that could be used to prove they invented it first. This was a timely and expensive battle.
With First to File, whoever filed the patent first (assuming there is no prior art) will win, keeping lawyer fees down. This also puts us in line with the rest of the world as to how to handle similar patents filed near one another.