BNZ2 at CDC.GOV
Wed Dec 8 14:12:59 CST 2004
My understanding is that for many, the point of getting a patent is not
even to prevent others from using the technology - it may well be too
broadly defined or have other problems. However, if you have a patent,
it guarantees your right to use what you patented - so others cannot
patent the idea later and (if they win in court) keep you from using it.
From: use-revolution-bounces at lists.runrev.com
[mailto:use-revolution-bounces at lists.runrev.com] On Behalf Of Gordon
Sent: Wednesday, December 08, 2004 3:10 PM
To: How to use Revolution
Subject: Re: interesting patent
The word "valid" is misleading here.
If a patent has issued it is "valid" in the sense that
its owners can drag you before a judge if they have a
case that you are infringing the patent - but the real
"validity" of the patent only becomes apparent at this
point. Many "valid" issued patents turn out not to be
worth the paper they are written on because they are
so poorly crafted that they are indefensible under
examination in a litigtaion process.
Patent examiners are obliged to check the facts as far
as they are able and if they find no impediment to the
patent issuing (existence of prior art, obviousness,
adequate disclosure to suport the claims etc. etc.
etc.) they will issue the patent - but ultimately, the
scope and effectiveness of the patent in assuring
exclusivity for its inventors within a particular
domain of activity, is never really known until it is
challenged in court.
BTW: I work in biotech, where "valid" issued patents
fall like flies in the legal bugzapper.
--- kee nethery <kee at kagi.com> wrote:
> On Dec 8, 2004, at 11:37 AM, Frank D. Engel, Jr.
> > Hmm.. sounds like something other programs have
> been doing for a long
> > time already. Take FileMaker Pro, for example...
> > I wonder if the patent is actually valid?
> if it is issued it is valid. Does someone who cares
> have prior art that
> would invalidate the patent and does someone who
> cares and has enough
> money to invalidate it know about that prior art.
> That's the big
> question. If issued, it is valid.
> Kee Nethery
> use-revolution mailing list
> use-revolution at lists.runrev.com
:::::::::: Gordon Webster ::::::::::
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