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Two points. First, when you're requesting a patent be reexamined, you're talking to a patent examiner. To a patent examiner, patents are the most convincing f
by metageek 15y ago
Two points. First, when you're requesting a patent be reexamined, you're talking to a patent examiner. To a patent examiner, patents are the most convincing form of prior art--if only because she's used to reading them.
Second, it's widely thought to be risky to have your engineers read other people's patents, because then, if they later infringe those patents, the court is more likely to hold that it was willful infringement, and triple the damages. So, if you've got to have your engineers spend time reading patents, looking for prior art on your competitor's patent, you generally want them to be reading your own patents.
- pedrocr 15y agoYou can't infringe on an expired patent, so you can have engineers read everyone else's expired patents without any fear of triple damages, no need to own anything. In fact that's the whole point of patents. After the monopoly has expired anyone can read the (hopefully) clear description of someone else's invention and use it.
- metageek 15y agoTrue. Upvoted.