美國專利不完全是“誰先申請，誰拿專利”

美國專利不完全是“誰先申請，誰拿專利”，有時候是“誰先搞出發明，誰拿專利”。

非專業人士等我有空詳細談。

專業人士請參 35 USC 102(g):

A person shall be entitled to a patent unless—

(g) (1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.

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[愛恨專利]

回複hsongk的評論:
Thank you for your comment. If you read the entire text in 35 USC 102 carefully, you will find out that only (a) and (g) have something to do with “date of invention”. My experience is that less than 20% of U.S. patent applications need you to “swear behind” under (a) or need you to go though the interference procedure under (g). In 80% cases, the USPTO use filing date only, at least prima facie, to decide the priority of an application.
Please forgive me if the expression I only used to communicate with a layperson bothers you. Best,

[hsongk]

大部分國家包括中國都是先申請製，美國是先發明製，意思是誰先發明誰拿專利（不過聽說因為這個作法比較繁，美國也有意改為與世界上其它國家一致了）。

你說的“美國專利不完全是“誰先申請，誰拿專利”，什麽是“不完全？”請給說說。謝謝。

－－專利邊緣人