I believe the key to patent protection is the init
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Posted On: 05/20/2017 7:57:28 PM
I believe the key to patent protection is the initiating paperwork, which is in. I've been told by an attorney who did patent work that when their is a dispute over patent rights, what governs is when the initial paperwork for the patent was filed if two or more patents are essentially targeting the same idea.
I believe OWCP's patents are covered with patents pending, however, if someone had the same idea sooner, they would be the ones with the rights, and I believe we'd have to pay them for using their patent.
The thing is, once the initial patent is approved, I believe it can be either amended, or supplemented. Often many patents apply to a single product.
I'm not aware of anyone attempting to patent in precisely the same area we're in, but that doesn't guarantee it hasn't happened.
Many years ago I heard a story of some engineers looking at all the ways that a color picture tube could be made. They discovered four ways, three of which were covered by patents. They patented the fourth way and that became the Sony Trinatron Tube, which generally was considered the best. They hadn't built a tube at the time they prepared the patent as I understand the story.
I believe that OWCP is entitled to release data or product with patent pending specified and be well protected based on what they've already done. Anyone claiming jurisdiction would have to prove they had a patent filed with the same technology prior to the 0WCP filing.
Gary
I believe OWCP's patents are covered with patents pending, however, if someone had the same idea sooner, they would be the ones with the rights, and I believe we'd have to pay them for using their patent.
The thing is, once the initial patent is approved, I believe it can be either amended, or supplemented. Often many patents apply to a single product.
I'm not aware of anyone attempting to patent in precisely the same area we're in, but that doesn't guarantee it hasn't happened.
Many years ago I heard a story of some engineers looking at all the ways that a color picture tube could be made. They discovered four ways, three of which were covered by patents. They patented the fourth way and that became the Sony Trinatron Tube, which generally was considered the best. They hadn't built a tube at the time they prepared the patent as I understand the story.
I believe that OWCP is entitled to release data or product with patent pending specified and be well protected based on what they've already done. Anyone claiming jurisdiction would have to prove they had a patent filed with the same technology prior to the 0WCP filing.
Gary
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