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Author Topic: Patentability of software where another company has a similar ultimate outcome  (Read 3574 times)

Isaac

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Re: Patentability of software where another company has a similar ultimate outcome
« Reply #15 on: 05-06-08 at 03:59 pm »
What version of 35 USC 271 are you quoting from?  I don't see a paragraph (b)(1).

Are you quoting from language for a bill?
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Isaac

still_studying

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Re: Patentability of software where another company has a similar ultimate outco
« Reply #16 on: 05-06-08 at 04:21 pm »
Quote from: Isaac on 05-06-08 at 03:59 pm
What version of 35 USC 271 are you quoting from?  I don't see a paragraph (b)(1).

Are you quoting from language for a bill?
35 USC 273(b)(1) -- I think you got confused because 273 then refers to 271:
http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_273.htm

(I believe the above link is to the current version of the law.)
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Isaac

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Re: Patentability of software where another company has a similar ultimate outcome
« Reply #17 on: 05-07-08 at 07:33 am »
Thanks still studying.  I did misread Wiscagent's post. 

35 USC 273(b)(1) applies only to business method patent claims.   (Whatever the heck that means).  For other types of claims there is no prior user's defense.
« Last Edit: 05-08-08 at 06:04 am by Isaac »
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Isaac

macd

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Re: Patentability of software where another company has a similar ultimate outco
« Reply #18 on: 05-07-08 at 12:03 pm »
so 35 USC 273(b)(1)  means that the other company in this case will be immune from any possible prosecution - if they decide to/are able to prove that they were using the same method before me, but means that i will be able to prosecute my rights against anyone else?
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