This reform bill quite excellent and much needed, as it focuses on limiting patent litigation and outrageous infringement lawsuits. Shifting from "first to invent" to "first to file" actually helps prevent costly lawsuits. Under the current "first to invent," someone who files a patent can be invalidated by someone who claims they invented the idea first, but didn't take any action, which often results in expensive and time consuming litigation. Hopefully this bill makes it through the full vote...

After the startup school in April, I had the opportunity to chat with one of the lawyers who had earlier presented. I asked him about the possibility of a world-wide patent system, where an inventor would file once and enjoy protection the world over. He didn't think that would happen anytime soon, mainly because of the "first to invent" system that US uses vs. the "first to file" that most other countries use.

I guess that dream is one step closer to reality if the law passes. :~)

The World Intellectual Property Organization (WIPO) actually does perform this function and does include the U.S. It's PCT (Patent Cooperation Treaty) applications are valid for all member states, so it's essentially like submitting a patent application for each member state. However, WIPO applications are typically obtained in addition to separate U.S. and International patents rather than instead of, so it doesn't really serve the intended purpose.

not sure if I like "first to file." It sounds too easy to just write up someone else's idea.

ok I guess either the article has recently been edited... I like the prior art and total damages cap, but does this sound right, the US will "shift from a "first to invent" system to the "first to file" system used in other countries"?

Wow, sounds like the US Congress did something reasonable and useful. This is rare from one of the worst Congresses ever...

This sounds terrible:

The other bedrock changes to the US patent system envisioned in the original bill remain, including a shift from a "first to invent" system to the "first to file" system used in other countries.

So I do the required prior-art search, pretend not to find anything, and patent an idea that's been out there forever. No one can claim prior art.

Great going, guys.

No, even under "first to file" you cannot patent something where publicly accessible prior art exists. You can never patent something if it already exists in the public. The difference in first to file is that you can't pull up internal, private (i.e. NOT public) documents after the fact and say "look, here's proof I did it first" even though nobody could access that document.