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   Anticipation
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   Author  Topic: Anticipation  (Read 1423 times)
Keith
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Anticipation
« on: Feb 5th, 2007, 2:16pm »
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If Invention A is comprised of elements 1, 2, 3 and 4, and Invention B is an improvement on invention A in that it comprises elements 1, 2, 3, 4, and 5, is Invention B invalid because it is anticipated by Invention A?  
 
If so, in order NOT to be anticipated by Invention A, would Invention B have to change one of the original elements to, for example, 1, 3, 4 and 5?
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Bill Richards
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Re: Anticipation
« Reply #1 on: Feb 5th, 2007, 6:38pm »
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on Feb 5th, 2007, 2:16pm, Keith wrote:
If Invention A is comprised of elements 1, 2, 3 and 4, and Invention B is an improvement on invention A in that it comprises elements 1, 2, 3, 4, and 5, is Invention B invalid because it is anticipated by Invention A?

No, but A dominates B.
Too, patents can be invalid, but inventions can be not patentable.
« Last Edit: Feb 5th, 2007, 6:39pm by Bill Richards » IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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zippy
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Re: Anticipation
« Reply #2 on: Feb 26th, 2007, 9:36am »
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I have a corollary question.  
 
Let's suppose that someone invents television and it only exists in BLACK AND WHITE format.  A person patents the following:
 
A method of distributing weather information comprising broadcasting weather reports through a television network.  
 
(Obviously, this is a simplified scenario.)
 
Five years later, someone invents COLOR television.  
 
A second person wants to patent the following:
 
A method of distributing weather information comprising broadcasting weather reports through a COLOR television network.  
 
Is this patentably distinct?  I'm just having a hard time seeing how it could be considered non-obvious, or at least, how I would argue that it's non-obvious.
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zippy
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Re: Anticipation
« Reply #3 on: Feb 27th, 2007, 7:45am »
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I have to give this a bump to see if anybody can give me a little insight on my issue.  Thanks guys.
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Bill Richards
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Re: Anticipation
« Reply #4 on: Feb 27th, 2007, 3:01pm »
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Obviousness is difficult enough to opine upon without trying to apply it to hypos.   Undecided
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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