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You are missing the point | 354 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
You are missing the point
Authored by: Anonymous on Monday, November 26 2012 @ 05:19 AM EST

If they apply this standard to all patents, at least 50% of hardware patents
will fail too. On certain other types of patents it could hit 99.9999%.

And the law is that they now HAVE to apply this standard, that the patent
has to show how to build the device so that someone in the field could build
it.

Think of what this means to 'Perpetual Motion Machines' for example (and
yes, some have been patented).

Inability to build the device now becomes another way to invalidate a patent
in the court system.

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

Same standard not applied? Are you sure?
Authored by: Anonymous on Monday, November 26 2012 @ 12:24 PM EST

In this instance the Supreme's are Canadian Supreme's.

I don't recall reading about a specific software patent trial in Canada.

That could be the result of a number of things including (but way, way not limited to):

    I simply haven't been exposed to said cases so I'm not aware of them
    Patent Lawyers in Canada are far less sure they could get away with the tactics of their US Counterparts
    Patent Lawyers in Canada have tried and have miserably failed at the lower Courts - remember, pure guess work on my part but this is a possibility in the realm of possibilities
What would be really sweet is if the US Supreme's expressed the same sentiment over a patent at some point:
    The patent does not sufficiently disclose the actual invention and therefore fails the underlying exchange for a patent - patent invalidated
They have sorta said that when they say the patents are too broadly worded... but it would be nice if they explicitly verbalized the patent exchange and the fact that "profit incentive" is only one piece of the whole much as the Canadian Supreme's have.

RAS

[ Reply to This | Parent | # ]

Description & Definiteness
Authored by: Anonymous on Monday, November 26 2012 @ 12:50 PM EST
How do Canadian & US patent law compare? Is this the same as the clear
written description and definiteness requirements that Arti Rai said were
enforced for biotech patents and should be more broadly?

[ Reply to This | Parent | # ]

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