The first to file in the US is assumed the inventor and any others have the
burden of proof
to show that they invented it before hand and taught the method beforehand.
Rossi's obvious problem would then be to show why, if he understood the
method, did not
fully disclose it at the time he made his patent application since he was
required to full
disclose it at that time.
It would still be in his best interest to fully disclose his methods in a
patent application
(to the degree there was no undo experimentation required by others).
Anything else would lead to a very rough and uncertain road.
Dennis
--------------------------------------------------
From: "Jones Beene" <[email protected]>
Sent: Friday, March 11, 2011 1:30 PM
To: <[email protected]>
Subject: RE: [Vo]:Rossi on-line Q&A posted
http://www.patentlyo.com/patent/2011/03/america-invents-act-first-to-invent-
and-a-filing-date-focus.html
Problem is - this change has passed the Senate, but is not signed into
law.
-----Original Message-----
From: Dennis
Subject: Re: [Vo]:Rossi on-line Q&A posted
My understanding is that he is NOT correct. It does not matter if someone
else has done it if they have not filed on it. .... unless it was placed
into public domain. And even then, I think (but not sure) that there is a
window of one year from information release and a patent filing.
