Re: Patent issues not stricken

Date: Thu May 28 1998 - 20:03:07 EEST

In a message dated 98-05-28 11:48:14 EDT, writes:

> if such person had, acting in good faith,
> commercially used the subject
> matter before the effective filing date of such patent.

Floyd Roberts,

Isn't the person this describes likely to be someone who "invented" the
subject matter at about the same time as the patentee - an independent and
legitimate inventor who just didn't patent the concepts.

Seems fair to me. In fact this just develops existing PTO limitations in
fairly logical fashion. Under current law, one cannot enforce a patent if
someone can demonstrate that the subject matter was used (or even described)
in public more than one year before the effective filing date.

Or is there something I'm missing?

Norm Kinzie

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