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Authored by: Anonymous on Thursday, June 07 2012 @ 08:59 AM EDT |
Regarding the tests:
- Novelty
If all four are nearly identical,
then it can be claimed fairly reasonably that three of them could fail to be
novel - one could still be novel, but the other three would fail due to the
fourth.
- Usefulness
To whom does the patent have to be useful? It may
not be useful to you, in fact it could be annoying, but then again, in the field
of market research, having a box pop up to ask you a liked something or not
(that has just happened) is useful.
- non-Obviousness
That could easily
be tested by giving the description, but not the clear, detailed
instructions on how to build the invention to one skilled in the art and see if
they can come up with the invention [that works in exactly the same way as the
claims]. If they can, it must be obvious; if they come up with another method
of doing the invention not described clearly and exactly in the claims, then
that will be extra evidence when any infringement is claimed in that the
invention is the exact clearly described claims, not the described
invention.
There is also the point of:
- Disclosure of exact and
clear terms to make the invention
If the claims are open to two or more
interpretations, then they have not been written in "clear and exact
terms so that one skilled in the art can make the exact patented
invention" and the patent should be invalid.
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