Just so everyone knows the US patent system is changing and changing pretty dramatically on March 16, 2013. It will essentially move from first to invent to a first to file type system (not good for the small company or home inventor as this will favor those companies with an army of patent attorneys).
There is another change in that you can not have received money for the idea or publicized the idea prior to filing the patent. This makes it difficult for some as they would currently use the idea to raise the capital necessary to file the patent and pursue the business (some call it the killing of the american dream act..i wouldn't go that far but it will make things harder to navigate for many). There is a micro-entity fee for essentially first time filers which will alleviate some of this but you don't have access to that if you have had more than 4 filings.
The intention is to also get rid of the pile of patents that do not demonstrate clear innovation. It will do this by allowing the US patent board greater control over their budget in order to properly evaluate and referee patents (currently the two houses set a budget and are then famous for raping that budget when they need to fund something else. This way the patent office will collect it's own fees and not allow access to the budget from the blowhards in washington). Essentially this will allow them to actually use experts in the field to determine if something is truly innovative and deserving of a patent. As part of my work the last handful of years I have authored 5 issued patents (and 4 that haven't issued yet) and to be honest some of the claims are just complete BS that never should have made it through the process. How did they get through? Well you play the game. You put in a bunch of ever more ridiculous claims so the referee feels like they are doing a good job. The questions you get back from the referee as you go through the process makes it obvious that they often do not have a strong background in the field.
It may also lead to companies using "trade secret" more as there is additional prior use language in the new law protecting companies from infringement.
The change in the law also makes it difficult to challenge a patent. You essentially have 9 months after a patent has issued to challenge that patent.
It will be interesting to say the least how this bill changes the US Patent landscape (not every detail has been settled despite it being signed into law), but one thing seems to be a given....if you have an idea be it on your own or in a group at work you keep it as secret as possible until it is filed.
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