PATENT REFORM 2007

There are already drum beats for reforming the patent system.  Again, the debate focuses upon whether the system is stifling competition and innovation. 

However one proposed modification to the system is changing the protection from the "first to invent" to the "first to file".  This proposed change has been consistently promoted for the last several years.  Passage would bring the US system in line with the rest of world.

As a practical matter, such a change would substantially increase the prompt filing of properly drafted provisional applications. 

As I have stated in Provisional Patent Applications, the provisional application must still teach enablement and show best mode.  In other words, the application must contain the information necessary to allow a person skilled in the art to make or perform the invention.  The application must also disclose the best method or version of the invention known to the inventor.

January 4, 2006