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not quite that simple - different standards | 167 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Different standards yes.... but....
Authored by: Anonymous on Tuesday, October 23 2012 @ 03:01 PM EDT

When you consider just how low the USPTO standards appear to be: Ouch!

You obviously don't view the situation that way but it's certainly my perspective.

What you say makes Legal Sense. However, the reality of how it plays out seems to be quite different. That raises a rather interesting question:

    I wonder how many of the total Patents that go to court for consideration of invalidity at the same time the USPTO considers them invalid - what percentage of those are found invalid by the USPTO vs invalid by a Jury?
It's a fair question given a Texas Court Jury found a particular patent invalid when RedHat presented the Amiga in Court.

RAS

[ Reply to This | Parent | # ]

not quite that simple - different standards
Authored by: joef on Tuesday, October 23 2012 @ 04:37 PM EDT
This jury certainly applied a different standard WRT prior art: They decided not
to even consider it.

[ Reply to This | Parent | # ]

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