New Patent Law; Little Guy Loses Again — The Leahy-Smith America Invents Act, signed into law on Sept. 16, 2011, went into effect on March 16.
The act changes American patent law from “first to invent”, as it was since 1952, to “first to file”. Under the old, and more just, system if you could prove using lab notes and witness testimony that you were first the first to invent a product you would win the patent.
Now, the cards are all held by those with the best legal staff.
“It’s great news – if ytou have an in-house patent department,” writes Issie Lapowksy of Inc. magazine.
The bill’s co-sponsors Sen. Patrick Leahy (D-VT) and Congressman Lamar Smith (R-TX21) have a reputation for being in the pocket of corporate high tech.