Chinese Hacking Raises Cyber Attack Disclosure Issue for Companies

By , and Sonja Elmquist | May 21, 2014

  • May 21, 2014 at 10:58 pm
    Truth Seeker says:
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    There is also the NEW opportunity created (in 2012) for cyber-thieves to be able to file patent applications on technology they have acquired through hacking – especially if a company is unaware that such a theft has occurred and fail to apply for patent protection first.

    This is because under the AIA (2012 “America Invents Act”) the U.S. patent system has changed from the prior, 200 year old, “first to invent” system, into a “first to file” system, allowing anyone who gets to the patent office first, to be given priority over anyone filing for patent protection later (even if other documentation exists establishing the true “first inventor”).

    The AIA will be the icing on the cake for cyber-thieves and THAT may be part of the reason why the U.S. is starting to “panic” over what cyber-theft, together with Congress’ recent patent law changes could do to the future of American IP. The AIA will be particularly bad news for smaller firms and start-ups that don’t have the financial resources to police cyber attacks on their proprietary information.

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