[Stoves] New US Patent law change

Crispin Pemberton-Pigott crispinpigott at gmail.com
Fri Sep 9 11:12:22 CDT 2011


Dear Jan

 

That is a very interesting point. The usual problem with that is it really
relies as a strategy for success on the public (and competitors) remaining
ignorant.

 

Garth Foxcroft used to invent things that were probably going to be
discovered by someone in the field sooner or later, and not having the money
to patent everything he thought of, would make detailed notes and get it
date stamped somehow (not that old one about posting yourself a letter, much
better, with a lawyer). When the solution was inevitably achieved by someone
else, he would wait until they developed the market a bit - perhaps two
years. Then he would show up with his 'prior art' folder and say, "You know,
your patent (rendering exclusivity) is not really valid but I can be
convinced to keep quiet about it."

 

I understand that the tactic now falls away. The avowed purpose of the
change in the law is to speed up invention and commerce. It might do that I
guess.

 

Regards

Crispin

 

 

+++++

Crispin

 

In the past one could register one's invention defensively (like the even
older disclosure patents)  which gave them the right to continue to use
their invention even if someone else actually takes it through the patent
process.  I don't think the new law changes that, does it?

 

Jan

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