The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 28th, 2020, 1:42am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Invention Promotion Companies
« Previous topic | Next topic »
Pages: 1 2 3 4  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Invention Promotion Companies  (Read 1829 times)
Wiscagent
Full Member
***




   


Posts: 843
Re: Invention Promotion Companies
« Reply #10 on: Jun 24th, 2006, 7:59am »
Quote Quote Modify Modify

"Does the USPTO examiner also conduct a search for relevant prior art ?"
 
Asked and answered.  Mike, what's your problem?  You can't take YES for an answer?
 
Wallflowe wrote "Issued patents are presumed to be valid."  That's true, but in terms of analyzing issued patents as prior art documents, generally irrelevant.
 
Richard Tanzer
IP Logged

Richard Tanzer
Patent Agent
wallflower
Junior Member
**




   


Posts: 96
Re: Invention Promotion Companies
« Reply #11 on: Jun 24th, 2006, 11:24am »
Quote Quote Modify Modify

on Jun 24th, 2006, 7:59am, Wiscagent wrote:
Wallflowe wrote "Issued patents are presumed to be valid."  That's true, but in terms of analyzing issued patents as prior art documents, generally irrelevant.

 
By itself, maybe not.  But the sentence is relevant as to the sentence following -- that the presumption is particularly strong over references that were before the Examiner during prosecution such as those cited in the IDS.  When the OP asked whether the Examiner verifies references, I suspected the OP meant whether the Examiner is considered on the record  to have looked at the references.
IP Logged
Wiscagent
Full Member
***




   


Posts: 843
Re: Invention Promotion Companies
« Reply #12 on: Jun 24th, 2006, 2:08pm »
Quote Quote Modify Modify

Wallflower -
 
I was not as clear as I might have been.  My point is this - If an examiner is examining a patent application and identifies a prior art reference - let's say 102(b) for simplicity - that anticipates the claim, it makes no difference whether or not that reference is a valid patent.  In deed it need not be a patent at all.  It is only required (assuming the date of the reference is appropriate and the document is a patent or "printed publication") that the document be enabling.
 
That's why the validity of the prior art patent is tangental to it's use as a reference against the present application.
 
Richard Tanzer
IP Logged

Richard Tanzer
Patent Agent
mike
Newbie
*




   


Posts: 49
Re: Invention Promotion Companies
« Reply #13 on: Jun 24th, 2006, 2:28pm »
Quote Quote Modify Modify

OK Rich, somehow I missed your reply.  
 
Anyway .... "the OP".
 
What is "OP" ?  
 
IP Logged
Wolfcastle
Junior Member
**




   
Email

Posts: 88
Re: Invention Promotion Companies
« Reply #14 on: Jun 24th, 2006, 4:11pm »
Quote Quote Modify Modify

OP= Original Poster
IP Logged


Pages: 1 2 3 4  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board