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Authored by: Anonymous on Tuesday, June 04 2013 @ 06:00 PM EDT |
And welcome to the dark side.
Of course, if the Examiner has overlooked valid prior art, an accused infringer,
now highly motivated can find it and use it to invalidate the patent.[ Reply to This | Parent | # ]
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Authored by: tknarr on Tuesday, June 04 2013 @ 06:20 PM EDT |
The thing is, patent law's supposed to block that sort of "step back". You
aren't supposed to be patenting the general idea of doing something, you're
supposed to be patenting a particular way of doing it. You're asking to have a
patent cover all ways of doing something, whether you thought of them or
not. You want to patent all ways of doing something, write each one out in your
patent application. What you're asking is the ability to patent, not a
method for smelting steel, but the mere idea of smelting steel by any method.
And that's not kosher. [ Reply to This | Parent | # ]
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