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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Yes and no | 282 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Yes and no
Authored by: Anonymous on Thursday, March 14 2013 @ 02:05 PM EDT
> In such a situation, it's possible to not be able to work
> around the patent on the invention - not because it's
> overbroad - but simply because no one else has figured out
> how it actually works yet.

In which case it should be invalidated for failure to make proper
disclosure....

[ Reply to This | Parent | # ]

Yes and no
Authored by: Wol on Friday, March 15 2013 @ 04:26 AM EDT
Yup. It's not a certainty.

Personally, I'd word it completely differently. In order to be valid, a patent
needs to create a NEW market. Even if it then sews up that market so tightly
nobody else is allowed in, that's still not over-broad.

But inasmuch as it's just one more new solution to an old problem, then yes it
has to be narrow. If someone comes up with a patent in the first category, good
luck to them. They DESERVE their monopoly!!!

(In actual fact, even in the second category, a patent should still be of the
first sort - it should carve out a NEW niche into which competitors are not
allowed except by permission.)

Cheers,
Wol

[ Reply to This | Parent | # ]

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