Robert M. Bultman
rbultman at ka.net
Tue Dec 19 19:52:40 PST 2000
Same company or a different company, published or not. One use of
prior art is to say in effect, "Here is what all of these other people
Here is where we are doing it differently. See, it is novel and
therefore deserving of a patent." People have cited the Amazon (?)
and how someone else got around the patent by using 2-click ordering.
patent, if it exists, probably lists the Amazon patent as prior art,
then goes to
show how it uses 2-clicks for ordering. You probably get the picture.
Gabriel Bouvigne wrote:
> > I think you would have to look at both, since both owners could feel that
> you are
> > infringing on their patent and sue you. If the patents would actually
> cover the
> > same invention, you could attack the second one by arguing that there was
> > art as documented by the first patent. If you want to find prior art for
> > patents, you must find a description of the patent's subject that was
> available to
> > the public before the first patent was filed.
> In the patent US5579430:
> "Processes such as those described above are known, by way of illustration,
> from DE-PS 33 10 480 or from WO 88/01811. Moreover, the cited publications
> are to be referred to for the explanation of all the terms not made more
> apparent herein."
> It looks a lot like a reference to prior art. Would it means that publically
> available prior art does not invalid patents if the work was done by the
> same company, even if the work was published?
> Btw if some people think that we must stop discussing patents here to use a
> separate list without archives available and controlled subscribers, I'd be
> happy to switch to this list.
> Gabriel Bouvigne - France
> bouvigne at mp3-tech.org
> mobile phone: gsm at mp3-tech.org
> icq: 12138873
> MP3' Tech: www.mp3-tech.org
> personal page: gabriel.mp3-tech.org
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