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Authored by: Anonymous on Thursday, March 28 2013 @ 04:03 PM EDT |
Someone can come along 15 years later and sue you for infringing the patent
they were just granted.
And you get to pay significant sums to prove the
patent invalid.
Or maybe you are saying in this regard its no
different than it was before?
Also correct in my humble, non-legal,
opinion.
The only real difference that I can see is that the USPTO no
longer need look any further then the filing date to see which patent to
invalidate if two patents on the same invention are filed. It makes their job
of that resolution easier.
RAS[ Reply to This | Parent | # ]
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Authored by: Wol on Friday, March 29 2013 @ 08:49 AM EDT |
If it's similar to other countries, if you document (and don't hide) your
invention, then no.
If I sue you with a patent dated 2013, and you point at your (freely available)
manuals dated 2005 (or even 2012), then my patent can NOT cover anything in your
manual.
Either my patent doesn't cover it, or if it does then it's invalid due to prior
*publication*. So under first to file, if you publish your procedures, you have
a clear prior-art defence. That *should* be a "summary judgement"
judgement.
Cheers,
Wol[ Reply to This | Parent | # ]
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