Hot answers tagged

4

Due to the application beeing pre AIA, I had to revise my previous answer Lets start with two of the three conditions for patentability - novelty and non-obviousness (the third is usefulness). Prior art for both is the same (see mpep 2141.01) ! This is based in: (Post AIA, so for your question the next section is not relevant, however I find it very ...


4

For your second question: No. Now to the first one, as this is harder. If the claims state something similar to after adding two to two we get 4 but 4 is sufficiently close to 77 so whatever or we add 2 and 2 and procede, then this should not in any way forbid you to use your invention. BUT: And this is actually what you asked: Are patent claims valid ...


1

Well, it seems the Australian Patent Office as ISA recognized novelty and inventive step for all claims in the PCT phase. I find this pretty laughable seeing that claim 1 clearly defines a result to be achieved. It seems they have requested entry into European phase before the EPO. You can submit your own observations here: http://tpo.epo.org/tpo/app/form/


1

Patents do not infringe patents. To infringe a patent someone needs to actually make, sell, use or import something that falls under the wording of a claim in a patent that was issued by the country the making, selling, using or importing occurs. If you do not have a German patent then, by definition, no actions in Germany can be an infringement on your ...


Only top voted, non community-wiki answers of a minimum length are eligible