AIA修正現行的Conditions for patentability, 可是還是有例外.
如果發明者在公開發明後1年內選擇申請專利還是OK的.
主要是針對共同發明人還有合作廠商之間的關係問題.

http://www.uspto.gov/aia_implementa...q.jsp#heading-5
專利局回應的問題是根據下面這個例外條款...

http://www.patentlyo.com/patent/201...ct-of-2011.html

Exceptions-

1. DISCLOSURES MADE 1 YEAR OR LESS BEFORE THE EFFECTIVE FILING DATE OF THE CLAIMED INVENTION- A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if—

A. the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor; or

B. the subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.

2. DISCLOSURES APPEARING IN APPLICATIONS AND PATENTS- A disclosure shall not be prior art to a claimed invention under subsection (a)(2) if--

A. the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor;

B. the subject matter disclosed had, before such subject matter was effectively filed under subsection (a)(2), been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor; or

C. the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person.