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I don't think requiring it do be made _before_ a patent to be issued would be a good idea The courts that have ruled on these things apparently think it is a g
by gravitycop 18y ago
I don't think requiring it do be made _before_ a patent to be issued would be a good idea
The courts that have ruled on these things apparently think it is a good idea.
http://robertplattbell.blogspot.com/2007/10/file-early-file-often.html http://robertplattbell.blogspot.com/2007/10/file-early-file-...
In Pfaff, Justice Stevens wrote:
"Second, the invention must be ready for patenting. That condition may be satisfied in at least two ways: by proof of reduction to practice before the critical date; or by proof that prior to the critical date the inventor had prepared drawings or other descriptions of the invention that were sufficiently specific to enable a person skilled in the art to practice the invention." (Id., at 12)
Perhaps you do not know that patents are enforceable back to their original filing dates (making their issuing dates largely irrelevant), and that it takes several years for patents to issue. What is your reasoning that led to your conclusion that patents should issue before they are qualified to issue?
- frisco 18y ago> What is your reasoning that led to your conclusion that patents should issue before they are qualified to issue? The observation that there are a _ton_ of patents issued to "inventions" that aren't even developed yet. That might theoretically be a bar to a patent being issued, but in practice all you need is the idea, the money, and a write-up.
- gravitycop 18y agothere are a _ton_ of patents issued to "inventions" that aren't even developed yet. That is in the current climate of not legally needing to reduce an invention to practice. If, instead, patent-seekers were required to actually produce working copies of their inventions (reduce to practice), we might see them regularly do that before the critical dates. I believe that that was how it was traditionally done, until recent times.