On Wed, 24 Nov 2004 10:08:57 +1100, Tim Churches <[EMAIL PROTECTED]> wrote: ...
Yes, but if the patent is issued regardless (as very often seems to
happen), then its invalidity needs to be proven in the courts - very
expensive.
Tim, Going to court and the associated expense may not be necessary. For US Patents, we can add citation: http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_501.htm#cfr37s1.501 or ask for re-examination: http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_510.htm#cfr37s1.510 Ex partes re-examination costs $2520.
I am not certain, but here in Asutralia I don't think there is any mechanism for requesting re-examination by the patent office of a patent which has been issued and sealed. You need to take it to court.
Better to oppose the patent application before it issues, to
prevent it ever becoming a patent - still surprisingly expensive,
Filing a "Protest" before the patent is issued does not look expensive at all from here: http://www.uspto.gov/web/offices/pac/mpep/documents/1900.htm In fact, I don't even see the mention of any filing fee.
The cost of lodging opposition to a patent before it issues here in Asutralia is AUD$550. However, if the opposition is not upheld, then the opposer is liable to pay for the patent applicants' costs in responding to the opposition. The entire system is stacked in favour of the aptent applicant, which is wrong.
but less expensive that a court case.
Sure, but there are lots of things that can be done before ending up in court.
Well, here in Asutralia, issue of the patent can be opposed. If that fails, then court or settlement are the only options, I think (but IANAL).
Tim C
signature.asc
Description: OpenPGP digital signature
