First-To-File vs First-to-Invent explained, quite nicely
While googling today on prior art matters, I happened across Patent Baristas blog.
Of 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 first-inventor-to-file) issues, so I do understand much better matters re prior art importance:
The second difference involves prior art. … In the first-to-file system, prior art includes all art that exists prior to the filing date – again, an objective inquiry. In contrast, in a first-to-invent system, prior art is measured from the more amorphous date of invention.
Also of importance to me was clarification what “Prior art also will no longer have any geographic limitations; thus in section 102 the “in this country†limitation as applied to “public use†and “on sale†is removed, and the phrase “available to the public†is added to clarify the broad scope of relevant prior art, as well as to emphasize the fact that it must be publicly available.”
Conclusion: I expect more inquiries for Russian prior art search and for Russian scientific and medical literature search and delivery pouring in this year.
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Filed under: russian prior art
