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I've always found the fact that independent discovery wasn't a defense to patent infringement to be an obvious indication that patents are more about setting up
by BlackFly 8y ago
I've always found the fact that independent discovery wasn't a defense to patent infringement to be an obvious indication that patents are more about setting up a protectionist market than about protecting inventors.
- deleted 8y ago[deleted]
- patentatt 8y agoOk, so every accused infringer alleges independent discovery. How do you prove or disprove that fact on either side? I think therein lies the reason why this whole line of argumentation is set aside, even if it is logically appealing.
- BlackFly 8y agoHow does the police go about proving that it was not self defense? The police have an even higher burden, needing to meet a standard of no reasonable doubt. Instead civil cases require a balance of probabilities. So, no the difficulty in proving intent is not the reason.