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Vringo, Inc. Message Board

  • capt_uss_enterprise capt_uss_enterprise Jan 18, 2013 8:41 AM Flag

    Ravicher left out one important detail in his instablog.

    He failed to post the last sentence in the response from the USPTO

    "Rose does not qualify as prior art under U.S.C 102(e)"

    U.S.C. 102(e) states that:

    (e) the invention was described in a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent, or on an international application by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c) of this title before the invention thereof by the applicant for patent.

    Further:

    Revised 35 U.S.C. 102(e), as amended by the American Inventors Protection Act of 1999 (AIPA) (Pub. L. 106-113, 113 Stat. 1501 (1999)), and as further amended by the Intellectual Property and High Technology Technical Amendments Act of 2002 (Pub. L. 107-273, 116 Stat. 1758 (2002)), applies in the examination of all applications, whenever filed, and the reexamination of, or other proceedings to contest, all patents. Thus, the filing date of the application being examined is no longer relevant in determining what version of 35 U.S.C. 102(e) to apply in determining the patentability of that application, or the patent resulting from that application.

    U.S.C. 102(b) (where the USPTO suggests that Rose qualifies as prior art) states that:

    (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.

    Since this is an issue of novelty, this hurdle will be easy for Lang to clear by either (a) amending the claims in his patent, arguing successfully that his claims are distinguishable from Rose, or showing evidence of "experimental use" - one word LYCOS

    Why is it that a patent attorney/blogger would leave out that very significant detail?

    Sentiment: Strong Buy

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