My understanding is that he is NOT correct. It does not matter if someone
else has done it if they have not filed on it. .... unless it was placed
into public domain. And even then, I think (but not sure) that there is a
window of one year from information release and a patent filing.
So for example, if he has a reaction that requires X but he has not filed on
adding X and has not publicly disclosed that X is required.... then
I/you/anyone could file on a system that uses X. So if I find how to use X
to make it work, then I have invented it.
My understanding, you have not invented anything unless you disclose it in a
way that others can do it. So having something that work is not the same as
being able to teach someone else to do it and not the same as describing it
publically so that others know what was done to get it to work.
Basically, trade secrets can be discovered and if no law (espionage type)
was broken in obtaining the trade secret, then the discoverer is free to use
or patent it.
Dennis
--------------------------------------------------
From: "Jed Rothwell" <[email protected]>
Sent: Friday, March 11, 2011 12:26 PM
To: <[email protected]>
Subject: Re: [Vo]:Rossi on-line Q&A posted
That's supposed to say I told HIM he should make haste to file another
patent . . .
His response:
BY LAW, YOU CANNOT PATENT A THING THAT OTHERS HAVE ALREADY DONE, EVEN IF
THEY HAVE NOT PATENTED IT.
I think he is wrong about that. If someone here knows a lot about patent
law, please advise.
- Jed
