Comment Re:"Files first" does not invalidate prior art. (Score 1) 96
Under the current patent statute, 35 USC 102 a person can get a patent unless "the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent..."
Under the version recently passed by the House, a person can get a patent unless "the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention..."
So it's changed in two important ways. One is that the date that matters is the filing date, so that gives more time for prior art to block the patent. However the standard for prior art blocking the patent has gone up. Instead of being "know or used" it has to be printed, patented or "otherwise available to the public."
So, it cuts both ways as far as prior art goes. Just documenting it without disseminating it to the public won't block a patent under the proposed changes.