Re: OT: Patent Reform Act of 2007
- From: Steve Underwood <steveu@xxxxxxx>
- Date: Sat, 08 Sep 2007 23:26:32 +0800
John E. Hadstate wrote:
If this doesn't boil your coffee, nothing will.
http://www.law.com/jsp/article.jsp?id=1178096682581
Additionally, a party may petition for cancellation at any time if the party can establish a "substantial reason" that the continuing existence of the patent "causes or is likely to cause" that party "significant economic harm."
So, presumably if you choose to benefit economically from your patent, or you try to control who can, the PTO (not a court) can decide that your patent causes "significant economic harm" to someone and invalidate your patent.
I can't believe the actual law is as vague as the words on that web site. I suspect what they are trying to do is deal with patent trolls, submarine patents, and other devious extortion tricks. As with patents, its not the descriptive part but the actual claims which count. :-)
Or try this gem:
The Patent Reform Act of 2007 would switch the United States to a first-to-file patent system that is followed by nearly all foreign countries. Under the proposed system, the first person to file a patent application for a claimed invention is entitled to any patent rights.
Thus invalidating in a stroke all protections of "prior art."
Rubbish. Try looking at how things work in every other country before making wild claims. The US is the only country which uses the first to invent criterion. Nobody else uses it because its too hard to come to a meaningful conclusion when there is a dispute, and the most expensive lawyers win.
Steve
.
- References:
- OT: Patent Reform Act of 2007
- From: John E. Hadstate
- OT: Patent Reform Act of 2007
- Prev by Date: OT: Patent Reform Act of 2007
- Next by Date: Re: [OT] patent search process for a new product
- Previous by thread: OT: Patent Reform Act of 2007
- Next by thread: Re: OT: Patent Reform Act of 2007
- Index(es):
Relevant Pages
|
