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Should Salesforce's Tableau Be Granted a Patent On 'Visualizing Hierarchical Data'?
(yro.slashdot.org)
This is a most excellent place for technology news and articles.
USPTO changed to first to file in 2013. I can onky speak to US for this change, as that's where I am filing my inventions.
Since we are talking about US corps. I focused on US law.
And yes. You can scoop someone else's water if you file before them these days.
If your company wants to keep its IP. It should be pusing you to file ASAP.
https://www.uspto.gov/sites/default/files/aia_implementation/fitf_comprehensive_training_prior_art_under_aia.pdf
That’s just absolutely incorrect. Like the person below stated, quote the exact part that says prior art doesn’t apply anymore.
I don't see anywhere in 102(a)(1), 102(a)(2), or in the exception clauses of 102(b)(1)(A) or in 102(b)(1)(B) that would imply prior art not including public disclosures (there is a 1 year grace period, but it is not forgiving).
The examples in that presentation show clearly that you can't patent someone else's invention if it were public knowledge beyond the 1 year grace period and only the inventors have the right to disclose it within that period and still be granted a patent.
If the thing I want to patent existed 1 year ago and was made available in a way it could have invented what I wanted to patent, and it wasn't me, the alleged inventor, who made that publicly available version, I don't get the patent.
I can patent something that has no prior art from more than a year ago. I can patent something with prior art within one year if that prior art was made available by only me.
I need you to show me exactly the words in the link you provided that implies you can be granted a patent with prior art existing beyond the 1 year grace period from the effective filing date.