Subject: Re: [Freesw] priorart.org
From: Greg Broiles <gbroiles@netbox.com>
Date: Sun, 13 May 2001 14:38:46 -0700

At 07:44 PM 5/12/2001 -0400, kragen@pobox.com wrote:
>Prior art the patent examiner considered during the patent application
>process cannot be used to invalidate a patent, because the examiner
>already knew about it when they decided the patent was novel.

Unless the examiner made a mistake.

>Making prior art easier to search makes the life of patent applicants
>easier.

This is true if you assume that an applicant would prefer no patent or a 
limited but defensible patent over a broad but vulnerable patent. I'm not 
sure this is a good assumption, given the scope and defensibility (and 
reasonableness) of issued patents, especially for software.

There is no obligation on the part of applicants to search for prior art - 
only an obligation to disclose the prior art they're aware of. The less 
they're aware of, the less they disclose, and the less the Patent Office 
sees prior to issuance.


--
Greg Broiles
gbroiles@well.com