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Re: [LUG] OT Patents

 

Robin Cornelius wrote:
> 
> It appears in the patent search report, that only EPO and World
> patents were searched before granting? how the hell can this be right
> what about scientific papers etc. This implys if its not in the patent
> database its patatantable? (or at least the examiners will grant it).

The days when Einstein was a patent examiner are long gone.

It isn't possible or reasonable for a patent examiner to know even their
own field comprehensively, so if it seems non-obvious, useful, and
correctly formed, it will likely be granted if it doesn't already have a
patent (or possibly even if it already does).

The issue only arises if those granted a patent pursue folks for
infringing it, at which point you either face a court case, or in some
jurisdictions can request the patent be re-examined (which may be cheaper).

But it is entirely something to ask your lawyers about.

Prior scientific literature is a classic case for patents being
dismissed. It isn't unusual for scientific papers to be held back until
all the potentially patentable material is patented, especially in
pharmaceuticals. I know of medical researchers whose doctorates were
held back, because submitting your thesis is publishing (in the UK) even
if no one ever goes anywhere near your departments library), and thus
the material is public and no longer patentable.

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