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Biotech / Medical : Zonagen (zona) - good buy?
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To: Dr. Voodoo who wrote (1875)1/21/1998 1:16:00 AM
From: Cosmo Daisey  Read Replies (1) of 7041
 
Dr. V.
>>>>>I'm a little unclear on the meaning of fraudulent in this context. Suppose I try to patent something that has already been invented, and I don't do such a good job of looking to see if
someone has invented it before me. Does this mean I'm in legal trouble, or does it just mean that my patent will either be rejected or that I will likely lose litigation further down the road? >>>>
All those things.
Patent applications must include a search of existing patents for previous or similiar discoveries or points of invention. Those patents must be disclosed and research provided to show why yours is different. This is what a patent attorney does mostly is search for previous patents that may infringe. Patent law is a special field and you need be licensed to practice patent law. If you slip something by you get sued by the patent holder. These suits are quite common and usually result from sloppy work by the patent attorney. Actually you don't need a patent for protection if you can prove discovery before the patent is issued to someone else. Polaroid and IBM are famous for propritary work that is kept secret instead of patented. If its secret no one can infringe unless they discover the same thing. Once the patent is on public file anyone can look at it and knock it off, yes they get sued. The legal system is in a shambles in the USA and the knock offs get rewarded while the owner fights in court for years for his interests. Famous case was the delay windshield wiper invented by a private individual and stolen by Ford and Mazda who had to pay millions years after they started selling it. The owner offered the patent rights to Ford for a fee but they stole it instead. They probably paid less in settlement than royalties would have been.
Even computer chips can be disected by reverse engineering. The patent doesn't stop anyone from copying your work, it merely gives you legal recourse.
CD
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