Re: Shuffle those deck chairs!

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On Wed, 6 Oct 2004, Randy Presuhn wrote:

> Hi -
> 
> > From: "Scott W Brim" <sbrim@xxxxxxxxx>
> > To: <ietf@xxxxxxxx>
> > Sent: Wednesday, October 06, 2004 4:54 AM
> > Subject: Re: Shuffle those deck chairs!
> ...
> > The US patent office is overwhelmed, and acting like it's under a DoS
> > attack.  I agree it would be great if we all offered technical
> > assistance, but not as the IETF.  If needed we could create some other
> > organization.  Let the IETF have a clear focus.
> ...
> 
> I've heard claims that the patent office will be switching to a European-style
> "first-to-file" process, rather than the current "first-to-invent".  Would this
> make matters better or worse?

It makes things much worse: No more will you be able to challenge a patent
based on the premise of prior art.

I'm not sure what the legislative schedule is for the change, but
grandfather/transititional legislation has already been passed: An
exception has been put into place so that you really did invent the
technology, you can't be prevented from using it. 

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