- Joined
- Feb 16, 2008
- Location
- East Coast
That patent would be invalidated if it goes to court based on prior art alone, especially given current attitude towards patent trolling.
forbes has a good review on effects of recent laws passed on march 16, 2013 to combat patent trolling. And the best part of the recent laws is once a patent is invalidated, those making false patent claims can then be targeted for lost profits by those falsely accused of patent infringement.
quote from forbes article here:
http://www.forbes.com/sites/forbesl.../a-powerful-new-weapon-against-patent-trolls/
forbes has a good review on effects of recent laws passed on march 16, 2013 to combat patent trolling. And the best part of the recent laws is once a patent is invalidated, those making false patent claims can then be targeted for lost profits by those falsely accused of patent infringement.
quote from forbes article here:
http://www.forbes.com/sites/forbesl.../a-powerful-new-weapon-against-patent-trolls/
What many companies don’t realize, though, is that half the time a patent gun is leveled at them, it’s loaded with blanks, not real bullets. That’s right: About half of the patents asserted against companies end up invalidated when litigated in court or re-examined by the U.S. Patent and Trademark Office during what’s known as an inter partes review. If you include patents whose claims are narrowed as well as those cancelled entirely—and it’s the claims that define the limits of a patent’s value and an infringer’s liability—then a staggering 89% of all patents reviewed by the USPTO are judged either partly or wholly invalid.
The Achilles heel of any patent is what is known as prior art. Prior art means any previous patent, technical paper, or public knowledge or use of an invention that makes it ineligible for a patent. Under the law, a patent may be issued only if an invention is useful, novel (i.e., not previously known or described), and nonobvious—meaning, not an obvious outgrowth of an existing technology. An examination of prior art determines whether an invention is novel and nonobvious.
Thanks to the America Invents Act, after March 16, 2013, a whole new treasure trove of prior art will be able to turn a patent from a legal weapon into literally a worthless piece of paper:
Unpublished patent applications: For the first time, unpublished patent applications, i.e., applications pending in the USPTO system for less than 18 months, can invalidate a later patent if these contain prior art that anticipates the invention.