> With "First to File" all you need to do is be first to file.
No. You have to invent, and then you can file. You seem to think that "first to file" removes the requirement for invention. It does not. It just changes the priority determination in the case where two independent inventors have both invented overlapping inventions.
It's not very hard to "invent" things if your sole reason for being is to copy entrepreneurs' work before they can afford to file, before they can afford to hire a lawyer, pay the USPTO an $8800 fee to ask for a review, and you've got only a short window (which you probably won't know about) to do so.
Look, we need real patent reform and this (even if you think it's only marginal) tilts things yet again in the wrong direction.
This is a small thing, but filing fees (for a small entity) are $462. The fact that you think USPTO fees are this much indicates to me that you have never had anything to do with an actual patent application, have no real idea what you're talking about, and are basically making shit up. But then, your article conveyed that pretty clearly as well.
Wow. Usually we try to keep things a little more civil here. This filing fee is the smallest portion of what you need to pay in order to file a patent. First, you need to get a patent attorney to help you put your filing together. I don't know what lawyers you use, but this can typically run more than $15k and up to do it right.
Edit: Since I don't seem to be able to reply to your comment, thank you for your sort of apology. You can read at length about this particular bill here: http://en.wikipedia.org/wiki/America_Invents_Act. It's not all sunshine and equivalencies.
Perhaps we can have a discussion about it some time, but as someone who has both been in startups that have pursued patents and been in a company sued by a patent troll, you're just going to have to accept that we have different views on the issue.
Sorry, not really trying to be a dick. But your article reads like you're trying to stir up the (already considerable) patent hatred around here, without really understanding the issues.
And yes, I know the filing fee is insubstantial compared to the legal fees. The point was that you should know that too, if you're expounding on patent law and policy.
No. You have to invent, and then you can file. You seem to think that "first to file" removes the requirement for invention. It does not. It just changes the priority determination in the case where two independent inventors have both invented overlapping inventions.