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Regarding the treble damages for having read a patent - since these are patent applications, not granted patents, perhaps one could argue that one didn't know i
by d2vid 14y ago
Regarding the treble damages for having read a patent - since these are patent applications, not granted patents, perhaps one could argue that one didn't know it was actually granted?
- macchina 14y agoThat wouldn't matter. If you read an application, then you know the invention exists If the application is rejected – it implies the invention is not novel. Whereas if it is granted, it implies the invention is novel. Either way, you should not be seeking a patent on that particular invention — because you know that you're not the first to invent.
- jacalata 14y agoIt matters a lot in whether or not you should /implement/ your design, not whether you should try and patent it.