I am not sure about what you said about Prior art.  When I was working in a
patent department for a company prior art is anything in the public domain,
including patents.  Most of the US patent examiners cite older patents as
prior art then say your application is not new and novel.  Then you have to
argue that there is a difference.  If you keep an idea as a Trade Secret,
you may suffer from it being patented.  The idea of granting a letters
patent was to give a person certain rights to the idea if the person
disclosed the idea to expert workers in the field.

What has happened is that well financed corporations have managed to twist
the original intent and laws to suit themselves.  It took a long time and a
lot of effort to patent computer ideas.  With which I disagree, as no one
should be able to patent a mathmatical expression.

Chris

On 29/05/07, Colin Sharpe <[EMAIL PROTECTED]> wrote:


--- James Knott <[EMAIL PROTECTED]> wrote:

>
> Even assuming you could successfully search all
> patents, what about prior art that hasn't been
> patented?  As I recall, someone managed to patent
> the wheel a while back.  Then there are inventions
> that have been patented elsewhere...

Patent searching software is pretty well developed
these days.

Prior art is, by definition something which has been
done and not patented, which I wrote in my post.  In
many cases keeping something a "Trade secret" is a
more effective protection than filing a patent.

Of course, if someone tries to patent your "Trade
secret", you would have a cast iron "Prior art"
defence against a patent holder who tried to sue you,
since you could show that you had been using whatever
the patent covers long before the patent was awarded.

Colin.



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