Re: Outsourcing patents to India

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On 5/19/04, Shalom wrote:
> Barbara,
> I believe that the place to start is by modifying 35 USC 184 to
> include the spirit of the law. i.e. that the it will prevent a
> disclosure of the invention made in the US, to a person outside
> the US prior to filing. The law was entered to prevent full
> disclosure prior to security clearence. I do not tyhink that they
> saw outsourcing when they drafted the law.
>
> True, we may need to go to first to file for that, but I do not
> see how the US can avoid it if they are going to conform to the
> rest of the world.

I don't think the US has any strong motivation to further conform
their patent system to that of the rest of the world. Since patents
are only enforceable on a national basis, most of the motivation to
harmonize further than they already have right now is very subtle.
Plus there is a strong small inventors lobby that is dead set against
first to file.

Also goals of harmonization and job protectionism seem incompatible.
Do you also think that US companies should stop having foreign
nationals do research abroac for security reasons?