> If you do invent something new, you basically have only one year's time to get a patent application filed before running the risk of losing it to another filer (provided you have publicly demonstrated or sold your invention). Demonstrating that you invented the product first will do you no good.

Well the secondary filer would also have to implement it within the year, which for most things will not be so trivial. The more annoying thing about the AIA with regards to defensive patenting is the elimination of the SIR.

http://en.wikipedia.org/wiki/United_States_Statutory_Inventi...