

Can someone else patent my ideas under first-to-file? - diamondap

Does anyone know if the coming first-to-file change to US patent law means that my neighbor can patent my ideas? That is, if I invent something and describe the invention to my neighbor, then he files a patent on it, does he get the patent? If so, do I have any recourse under the new law? In case you're interested, the New York Times has a brief article here about someone who is challenging the law: http://www.nytimes.com/2012/08/27/technology/mark-stadnyk-challenges-sweeping-revision-in-patent-law.html?pagewanted=2&#38;_r=1&#38;hpw&#38;pagewanted=all
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lutusp
> Can someone else patent my ideas under first-to-file?

Yes, that is exactly what it means. Many public proposals have names that are
misleading or confusing, but this one is not at all misleading -- the patent
goes to the person who is first to file.

> If so, do I have any recourse under the new law?

Only if you were kidnapped or otherwise prevented from filing by force or
deception. But even then, you would only have an opportunity to file for civil
damages, not to change the patent's owner.

This proposal means exactly what it says.

