Re: German Patent Court and 336 patent
in response to
by
posted on
Feb 23, 2009 08:04AM
I never stated that in Germany they don't look for prior art.
Please excuse me, if I sounded as if you said that in Germany they don't look for prior art. I only quoted you "...so prior art is not as big an issue there." and said that with this statement you were not right.
In your post you write, "In other words the only prior art they look for are those that are patented before ours."
Do you really think that? If the only prior art they look for were those that were somehow patented before then anybody could apply for techniques which are common knowledge but for which nobody has applied for a patent so far. It is true that the examiners in the first instance usally are searching in patent databases but if something comes out of another corner for example from articles or published documents etc. then they have to consider those facts also. To make it simple: It does not depend where prior art comes from but if it is obvious that the patent applied for falls under prior art.
In Germany therefore you first apply for a patent and afterwards, if you are not able to commercialize your idea on your own, you go and search for someone to do it for you. If you do it the other way round your idea is already prior art and not worthy to be patented anymore.
So again this means that if the German examiners didn't find any prior art with "our" patents I doubt that the Americans will find any, the more so as all those allegedly prior art stuff brought forth by the opposing parties so far has obviously been any as professionally discussed on this board before.
Wish you well
Jerry