Can you invalidate your own patent? - GoFuckYourself.com

goBigtime · 08-13-2003, 11:29 AM

Say you have a patent pending....

But you released your item to the public BEFORE you filed any sort of patent application.....

Have you just shot yourself in the foot by creating published prior art?

Chris · 08-13-2003, 11:30 AM

patents > your life

goBigtime · 08-13-2003, 11:44 AM

Quote:

Originally posted by JupZChris
patents > your life

Sense < Your post.

LeeNoga · 08-13-2003, 11:59 AM

Welp, let me say this.

The laws do not work the way you want always, sometimes a good thing sometimes not.

I lost a major law suit in 1995 and lost the 11th circ court of appeals 4 years later.

We argued there was no patent or trademark filed, the software I was accused of infringing upon was released for free before their claim, we had them dead to rights and courts granted them a win on trademark and patent.

Irony, is they never FILED for a mark etc. Yet they won.

Law is a crap shoot, contact the PTO website, there is NO justice and law is not black or white, its subjective to intrepretation of jurors and a salaried judge, there is NO consistency thats why there is SO much freaking case law.

If you released before you patent who cares, file for patent and act like that never happend....:-)))

I hate intellectual law.

goBigtime · 08-13-2003, 12:05 PM

Thanks for the reply Lee... something to think about.

Although I would be in your position more than the other guys...

They release to the public, then file patent, then scream bloody murder when the attack of the clones start.

But there is documented/published proof that they released before the patent filing date.

Just curious how that would work out for the clones.

08-13-2003, 11:29 AM	#1
goBigtime Confirmed User Join Date: Nov 2002 Posts: 7,761	Can you invalidate your own patent? Say you have a patent pending.... But you released your item to the public BEFORE you filed any sort of patent application..... Have you just shot yourself in the foot by creating published prior art?

08-13-2003, 11:30 AM	#2
Chris Too lazy to set a custom title Industry Role: Join Date: May 2003 Location: icq: 71462500 Skype: Jupzchris Posts: 27,880	patents > your life __________________ [email protected]

08-13-2003, 11:59 AM	#4
LeeNoga Confirmed User Join Date: Jul 2001 Location: Egg & Sperm Mutation Posts: 3,043	Welp, let me say this. The laws do not work the way you want always, sometimes a good thing sometimes not. I lost a major law suit in 1995 and lost the 11th circ court of appeals 4 years later. We argued there was no patent or trademark filed, the software I was accused of infringing upon was released for free before their claim, we had them dead to rights and courts granted them a win on trademark and patent. Irony, is they never FILED for a mark etc. Yet they won. Law is a crap shoot, contact the PTO website, there is NO justice and law is not black or white, its subjective to intrepretation of jurors and a salaried judge, there is NO consistency thats why there is SO much freaking case law. If you released before you patent who cares, file for patent and act like that never happend....:-))) I hate intellectual law.

08-13-2003, 12:05 PM	#5
goBigtime Confirmed User Join Date: Nov 2002 Posts: 7,761	Thanks for the reply Lee... something to think about. Although I would be in your position more than the other guys... They release to the public, then file patent, then scream bloody murder when the attack of the clones start. But there is documented/published proof that they released before the patent filing date. Just curious how that would work out for the clones.