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Authored by: jjs on Monday, May 06 2013 @ 05:22 PM EDT |
Sure it can. Robert Heinlein's descriptions of a waterbed
were considered prior art when the 2nd person to build one
filed for a patent (the 1st sent Heinlein a waterbed). Read
"Expanded Universe."
So, if someone else makes what is described in the patent,
sorry, too late, someone else described it. Is it unfair to
the original author who didn't make a device and lost the
patent? No, because they should have made a device and then
patented, or at least made a device before filing suit.
---
(Note IANAL, I don't play one on TV, etc, consult a practicing attorney, etc,
etc)
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Authored by: Anonymous on Tuesday, May 07 2013 @ 06:51 AM EDT |
if the patent was invalid to start with, it can't be prior art
for any later applications
Why not? It should be considered(/made)
public domain as of the first date of patent application - remember the exchange
of a patent is public declaration of/how to build the invention/ for a limited
time (sic) monopoly.
Should the patent be found to be invalid the patent
application [w/sh]ould be considered as being publically published and thus
prior art.
cm [ Reply to This | Parent | # ]
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