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[ECmax]

Under first-to-invent, if someone wants to commit their invention to the public domain (or declare it as open-source), they can do so simply by publishing or selling it without filing for a patent. Under the new first-to-file law, that will no longer be the case (if I understand correctly), because as soon as they make it known to the world without an application on file, someone else can file for a patent on it (within a year), thus preventing it from becoming public domain. Is my understanding correct? Will this kill the open-source movement by essentially requiring inventors to pay if they want to make their inventions freely available?

[NJ Patent1]

ECmax:  This is not the way I read section 3 of the AIA.  "New" 102(b)(1)A) provides an "exception" (safe harbor if you will.) for diclosures by an inventor or joint inventor (or by someone who "stole" (derived) the invention).  That public disclosure by other than a (joint) inventor is/may be (depending of facts) novelty destroying and, if existing case law survives, It'l be available as art for obviousness 9sec. 103)

[ECmax]

Thanks. I'll take a closer look at that.