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fiveyes · 08-06-2003, 09:14 AM

Quote:

Originally posted by twistyneck
I was wondering about this idea... how long does this process take? I'm also wondering if you couldn't take all your evidence right to a judge somewhere and ask for an injunction barring them from enforcing the patent. If you had tons of documentation showing that it was bogus, would something like that fly?

Here is a simple and to-the-point explanation of what this is about. As far as "tons of documentation", I think this approach is more suited to submitting one document of prior art at a time, with a forceful argument as to how it should be used to limit the claim(s).

And keep in mind, that it doesn't cost anything but postage to submit comments and documents that become a part of the patent's "file wrapper", which then become available to anyone interested enough to ask for it (read section 2.8.2 in the italicized snippet I gave in the posting above). In other words, if you don't think you have a strong enough case (or may just lack the money to file a Reexamination Application), you can simply add to the documents that travel with the patent from that point on. Perhaps an interested party later would see the significance of what you submitted and be able to use it.

And, here's something that Berman failed to mention on the D-Money Show: Before a person can make an informed decision about signing a patent license, they really need to go through that patent's file wrapper. No telling what baggage it might be carrying..