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Words Of Wisdom on 21 July 2009
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Mendicate Bias said:
said:

Microsoft is based in the U.S. and is likely filing the majority of its patents in the U.S. The patent system of the U.S. is the most relevant one to any discussion regarding the company as it is and has been the grounds in which many (Microsoft) patents are challenged.

Next, the highlighted portion of your statement is wrong. The inventor does not have to patent it upon invention otherwise it's still first-to-file. The essential difference between first-to-file and first-to-invent is that the inventor can use the invention thereby establashing what is known as "prior art" and laying defacto claim to it. If I begin selling frizbees in 2000 and you file a patent on frizbees in 2001, then your patent is void because I established "prior art" by practicing my invention (selling it).

I did not say the inventor has to file a patent but that they have to work to make a statement directly or soon after the invention. They can not make the invention, make money off the invention for years and then file a patent after their competitor figures out how to make their product. There is a law against that, I'll look it up and post it when I find it. So basicaly the inventor has to show proof of a statement towards a patent application soon after invention but do not neccesarily require the patent its self.

But they can!

They can do exactly that.  That's exactly what first-to-invent protects.  They don't demonstrate "prior art" by patenting, they demonstrate it by producing the invention. 

For an actual reduction to practice, the invention must have been sufficiently tested to demonstrate that it will work for its intended purpose, but it need not be in a commercially satisfactory stage of development.

First-to-invent protects individuals from the patent system.  Consider that example I made above.  Say you made the first Frizbee in 2000.  Say you became the Frizbee King and made your fortune selling Frizbees.  You have a multi-billion dollar Frizbee empire by 2005.  Now imagine someone little patent troll files a patent on Frizbees and sues you trying to take all your hard-earned Frizbee wealth away.  First-to-invent says "Knock it off you little patent troll, he was here first."  That's why it's so great.