Authored by: Anonymous on Tuesday, June 04 2013 @ 01:59 PM EDT |
On too many things. For example if two companies have a patent on the
same basic concept, aren't the odds good that a third company or individual
will also have a patent on the concept?
Think about it. Section 102 probably comes into play here.
Wayne
http://madhatter.ca
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Authored by: Anonymous on Tuesday, June 04 2013 @ 02:10 PM EDT |
If you're asking for a Legal conclusion - I doubt anyone can give you a
definitive answer. Even your own hired Lawyers no matter how much you pay them.
So the obvious conclusion would be:
The only way you'll get one is to go to
Court and take your chances!
If you're asking for a realistically logical
conclusion, then:
If patent A was improperly granted when it should have
been denied, patent B was also improperly granted and should also have been
denied!
RAS[ Reply to This | Parent | # ]
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Authored by: Anonymous on Tuesday, June 04 2013 @ 03:30 PM EDT |
I will assume that both patents ("A" and "B") were granted.
You did not mention any legal actions being taken to invalidate Patent B;
therefore, its status would be that it is presumed valid, and is fully
enforceable by the owner(s).
One may attempt to have Patent B invalidated by the PTO or by the courts, while
pointing to Patent A as undisclosed prior art, but it's a risk... a potentially
very expensive risk.
Disclaimer: this is just my layman's, not-a-lawyer opinion. If you need a legal
opinion that matters, consult an attorney licensed to practice in your
jurisdiction.[ Reply to This | Parent | # ]
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Authored by: darkonc on Tuesday, June 04 2013 @ 04:22 PM EDT |
Well, I think that filing a patent is considered 'publishing' for the purposes
of Prior Art. IF that's accurate (IANAPL), and if application A is filed
before the priority date of patent B, then patent B is in deep doodoo.
(modulo
all sorts of fancy lawyering).
If patent A is filed inside the priority date
of patent B, then you've get eve more of a crap shoot. --- Powerful,
committed communication. Touching the jewel within each person and bringing it
to life.. [ Reply to This | Parent | # ]
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Authored by: Anonymous on Tuesday, June 04 2013 @ 07:23 PM EDT |
The two patents are said to "interfere" with each other. That's all I
know. IANAL.[ Reply to This | Parent | # ]
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