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I don’t believe this actually holds up, as it assumes the USPTO is sufficiently funded to perform due diligence on prior art, and assumes that minuscule improv
by mceachen 2y ago
I don’t believe this actually holds up, as it assumes the USPTO is sufficiently funded to perform due diligence on prior art, and assumes that minuscule improvements will not constitute patentability. Patents are intentionally written with overreach. Overlaps are common.
Crap patents are granted daily.
- AnimalMuppet 2y agoOh, absolutely. It's just that, if they grant yours first, and you also intentionally write it with overreach, then even if the PTO also grants theirs, the courts will find for you because yours has priority. That's the theory. In practice it tilts the odds in your favor, but is not an absolute safety net.