if you could only have one which would you rather have?

Started Aug 27, 2012 | Discussions thread
GeraldW
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Re: if you could only have one which would you rather have?
In reply to bugbait, Aug 28, 2012

Indeed, I did find that interesting. What seems to be missing from the arguments is the reality of what happens in patent filing. The first to file has the advantage, and it forces an earlier inventor to prove in court that he was the true inventor. The company I retired from lost the right to its own invention because of that. A competitor filed first, and it went to trial. In spite of the evidence presented, the jury found for the first to file, and we were forced to invent an alternative.

Whether it's constitutional or not is another issue. But the reality is that first to file is a major factor under the present system. Our patent department always urged us to get disclosures to them as soon as possible, even though the working out of the idea and the filing may be years away. Thankfully, we never had to resort to litigation to defend my patents; although the early disclosure did get me onto some inventions disclosed later by other departments. They were really upset when I was listed as the primary inventor.

I always loved innovation and development of new products. Particularly "thinking out of the box". It really disturbs me when I see products (like cameras) with obvious faults, or with areas that could be markedly improved, if the designer had been just a little more creative and insightful. A frequent comment of mine: "don't the designers ever take pictures with these things?"
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Jerry

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