Recently I have been looking closer at what holds inventors and entrepreneurs back from an early success with their idea or innovation. It doesn’t take long before the discussion turns to filing a patent. In some ways, I see an eagerness to do so before they have taken the time to better understand the process and evaluate how long it might take, and the costs associated with the patent filing.
In today’s The Wall Street Journal, I took interest in the article “Patently Wrong? Firms Are Divided”. The article points out a number of different views on whether our current system works in favor of, or a change would be against, individual inventors, small businesses, and innovative start-ups (companies).
What do you think? Here’s a simple Poll I put together for you to vote; click on this link to take the Poll (will open in a new window):
For today’s inventor, entrepreneur, or small business, which is more beneficial to innovation and new product introduction in the granting of patents by the USPTO?
“first to invent” or first to idea (current system)
“first to file” (proposed change through new legislation)
I’ll leave the Poll in place for a couple of weeks, and then post the results in the Comment section below, soon after it closes. In the mean time, you’ll see the on-going results, after you vote.
p.s. Feel free to weigh-in on the topic with a comment, after reading the article in The Wall Street Journal.
I like first to file, because it removes ambiguity. A small company who files a patent application can't be submarined by someone who can demonstrate that they independently invented it first. If you invent something, and want a patent, go file a provisional and protect yourself.
This should also help prevent trolls from popping up at the last minute with an infringement suit.
Posted by: Greg | March 29, 2011 at 05:35 PM