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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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My assumption was bad | 310 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
My assumption was bad
Authored by: artp on Monday, March 25 2013 @ 08:47 AM EDT
I thought that litigation could not proceed on a pending
application.

How to cut the Gordian knot?

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | Parent | # ]

Term limit?
Authored by: mtew on Monday, March 25 2013 @ 05:31 PM EDT
You said 20 years from grant? That does not match
my understanding, but my understanding is notoriously
vague. Please check that.

IIRC (and there is a good chance I'm wrong), the
limit was 16 (very questionable) from grant or 20
years from application, which ever is earlier.

---
MTEW

[ Reply to This | Parent | # ]

Delay suits the patentee just fine.
Authored by: Anonymous on Tuesday, March 26 2013 @ 05:30 AM EDT
To solve the prior date problem: the date for prior art is the last date of
filing (any amendments) - who is to know they are not modifying their patent to
include inventions made *after* the original filing date which means that it is
not the original invention.

So there would be two dates:

1: The first filing date which is used to calculate the expiry date.
2: The last filing date which is used for existence of prior art.

This way patentees are encouraged to get it right first time- the patent deal is
for clear, revealed, detailed instructions for making the invention so they
should have them ready for others to use in exchange for the /limited/ (sic)
monopoly. If a patentee requires many modifications they are most likely to not
have a clear idea of the invention and so should not be able to patent the
/problem/ idea and wait for others to solve and claim off them; plus how can we
know they are not actually making use of inventions that came after they
supposedly made their invention to make their invention?

[ Reply to This | Parent | # ]

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