To: wonk who wrote (538 ) 6/10/1998 12:52:00 AM From: wonk Read Replies (1) | Respond to of 3383
To the thread: Patent Investigation (Part 1) I have been attempting to research the patent issue further and have been assisted by numerous members of SI who are experts in patent law and/or patent research. My thanks to them. In a nutshell, the Australian patent appears to be valid, however no U.S patent has yet been issued. I have been given permission to mention one of the researchers however, I am going to not do so lest that person be deluged with PMs. Send me an PM if you want verification. I have tried to assemble the information from various sources in a logical manner. Any flaw in the presentation is my error and not the people who responded to me. BEGIN Qoutes ...Basically, an Australian company will normally file their application in Australia first. Australia's system is based on the "first to file" concept whereas the U.S. system is based on the "first to invent" concept, at least for now.... ...The U.S. application is fully Examined to determine patentability and is fully prosecuted through U.S. attorneys.... ...Without commenting on the specifics of this particular letter or application, I can tell you that the USPTO gives independent scrutiny to any application filed therein, regardless of whether a similar patent has been granted in another country. The only relevance of an australian application is that, assuming the inventor is australian, the U.S. patent is accorded the filing date of the australian application rather than the date the U.S. application was filed, presuming the U.S. application was filed within one year of the australian application. Thus, the australian filing date helps out somewhat vs. prior art The important thing to realize about patents is that one only knows its significance after considerable study of the claims, in light of the specification, correspondence with the patent office (secret), and the existing prior art. People are prone to thinking that a patent is a very powerful thing. Sometimes it is. Often it is not. The nearest analogy is a deed to land. If you learned you inherited a piece of land, you wouldn't be excited until you learned where it is and how large it is, etc. If you inherited 100 square feet of swamp land, you would not be thrilled, and if you inherited a square mile of manhattan, you would be quite the happy person. Similarly, there are very narrow patents and very broad patents. Unfortunately, it is very difficult for a non-patent lawyer to make such an interpretation, and the bare existence of a patent is not, in my opinion, terribly meaningful. More often than not, a company obtains a patent, and those who wish to hype the stock tend to suggest that its very presence is enough to keep competitors away.... ...Generally speaking, the U.S.P.T.O. does its own examination for novelty and non-obviounes should the USPTO application be derived from a foreign application. I hope that answers your question... end part 1 ww