Re: battle of the surfaces: someone has a patent on this!

jingus wrote:

"if you had read my post more closely, you would have seen that i also
wrote that if the previous poster could come up with evidence that
someone else had thought of the dual court beforehand, then he could
invalidate the patent."

not necessarily, it depends on what you mean by "evidence that someone
else had thought of the dual court beforehand." generally speaking the
evidence needs to be "prior art". See 35 USC 102.

jingus wrote:

"even in the us, if she had not been the first person to file, the US
patent office would have knocked down her applicaton from the get-go,
and she would have never received the patent, so obviously [presumably
no pun intended] the fact that she got a patent is proof that she was
the first person to file an application on it."

NO, NO, NO. What part of "the US is a first to invent, not a first to
file system" don't you understand? The fact that she got a patent is
NOT proof that she was the first to file an application on it. A
patentee might very well have been the first to file, but it is also
possible that he was not the first to file but overcame an earlier filed
application or patent by submitting evidence that he was the first to
INVENT. US patent applicants can (and routinely do) "swear behind"
earlier filed applications/patents with evidence that they were the
first to INVENT even if they were not the first to file. indeed, there
is something called "interference practice" that is devoted to just that
- determining which of two (or more) applications and/or patents filed
closely in time was actually the first to INVENT. Sometimes it turns
out to be the first filer, sometimes not.

.

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