This forum is no longer operational. Here are the New Forums.

Re: Public Domain

[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ]

Posted by M Arthur Auslander on November 19, 2001 at 05:18:02:

In Reply to: Public Domain posted by Preed on November 19, 2001 at 02:53:42:

: Is it illegal to file for and to assert a granted patent on concepts specifically known by the "inventor" to be already in the public domain ?

Dear Preed,
"Illegal", "assert", "granted", "known", "public domain"?
These are all legally conclusive words.
No valid patent may issue where the disclosed invention has been known or used by others more than one year before filing.
A patent may issue if the invention is, new, useful and unobvious.

You can get an improvement patent on that which is already known, if it meets the test.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop(sm)
E arly L egal A dvice I s N ot E xpensive(sm)

Follow Ups:

Post a Followup

Name:
E-Mail:

Subject: Re: Re: Public Domain

Comments:
: : Is it illegal to file for and to assert a granted patent on concepts specifically known by the "inventor" to be already in the public domain ? : Dear Preed, : "Illegal", "assert", "granted", "known", "public domain"? : These are all legally conclusive words. : No valid patent may issue where the disclosed invention has been known or used by others more than one year before filing. : A patent may issue if the invention is, new, useful and unobvious. : You can get an improvement patent on that which is already known, if it meets the test. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop(sm) : E arly L egal A dvice I s N ot E xpensive(sm) : :

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any patent idea. See a lawyer.
Before you post a message you must agree to the Terms of Use.

This is the Old Patent Forum. It is no longer operational.
Click Here to go to the New Forums.

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110

www.intelproplaw.com

The Intellectual Property Law Server

Old Patent Forum

Re: Public Domain

This is the Old Patent Forum. It is no longer operational. Click Here to go to the New Forums.

This is the Old Patent Forum. It is no longer operational.
Click Here to go to the New Forums.