"If this change were to go through would prior art in patents granted under the old rules be judged by the old system or the new "first filed" one?"
It is likely that the old grants of patents would be honoured because
a) Tracking down who *would* have been first to file (up to 20 years ago) would be a lawyer's delight (smell those HUGE fees), and
b) Present law seems to allow odd anomalies. RIM lost a $600 million patent suit against a patent which turned out to be invalid. RIM did not get their $600m back. Similar things have happened to other defendants.
Patents seem to have become the latest way for lawyers to wrangle fees and for corporations to crush competition. It is still possible that somewhere along the way society might benefit.
Discussion on:
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