CHANGING THE U.S. FIRST-TO-INVENT SYSTEM TO FIRST-TO-FILE:
The existing 200-year-old patent system rewards the first inventor who can prove that he actually invented the product first. H.R. 2795 will change the U.S. current "First-to-Invent" system to a "First-to-File" system that would instead award the patent to the first inventor who files a patent.
The current First-to-Invent system encourages and enables independent inventors and small businesses to research and test their products before applying for a patent that will cost thousands. Through keeping proper invention logs and using non-disclosure agreements, they can defer the cost of a patent until they know that they have a product worth pursuiing.
Changing to a "First-to-File" system will require that independent inventors and small business file for the patent as soon as possible.
18-MONTH PUBLICATION OF PATENT APPLICATIONS:
Originally, patent applications were kept secret by the patent office until they were issued. After changes in the patent laws in 1995, inventors had the choice to "opt-in" to publish or not publish their patents 18 months after the patent application was filed. H.R. 2795 will require mandatory publishing of patents 18 months after filing.
LOSS OF 1-YEAR GRACE PERIOD TO FILE A PATENT:
Under the current patent laws, if an invention is publicly displayed, sold, or exhibited, the inventor has a one year grace period in which to file a patent. H.R. 2795 will eliminate this grace period.
