Entity X is working on a particular problem. No one else is working on that
problem. Patent applied, patent granted. No one reads the patent. Entity Y
starts working on the problem, they develop a solution. The solution matches
In some cases, it wouldn't be easy at all to prove
But it would give a defense that currently is
not allowed at all.
There should be room for something as seemingly
A: the moment a patent is granted, it becomes
B: if a dozen different companies suddenly infringe the
patent - "independent invention" should be blindingly obvious including
identifying the patent for immediate rejection due to obviousness.
no way dozen's of companies will all get access to the same unpublished patent
and develop their own products months prior to the actual grant.... not unless
said inventor of said unpublished patent publicly disclosed the invention to the
public first before applying.
And when you throw in companies accross
diverse industries all infringing the same patent? Seriously? That Bank, the
construction company, the theater chain, the fast food chain - they all suddenly
infringe the same patent? Well... all I can say is:
If that's not an
obvious "invention" then "obvious" is not in the dictionary!
It's simply a
non-sensical word that can be blindly ignored.
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