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Message: The importance of the German revalidation, imvho

The importance of the German revalidation, imvho

posted on Aug 19, 2009 12:56PM

The MMP Portfolio is the fragmentation of the original concept ie the European Patent.

As has been seen with the ex-parte re-examination requests, this has weakened the ubiquity of the whole in giving infringers the ability to challenge individual claims contained within the fragmented patents, the terms of which can be linked to similar prior art terms within different patents/literature.

ARM, for example, evolved not on its own patented technology but on "copyright". I just wonder how easy it may have been for any designer to cherry-pick an amalgam of claims from the separated MMP Portfolio patents, the combination of which gave something slightly different, but nonetheless similar?

Therein lies the beauty and strength of the single European Patent(German revalidation)and the reason that I still believe prosecution for infringement in Germany makes more sense than under the individual patents as is currently happening.

Let the infringers prove that they haven't based their designs on the original pre-split application.

Be well

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