[Gllug] Euro Patent Law

[Rich Walker]

Alain Williams <addw at phcomp.co.uk> writes:

> On Tue, Jul 01, 2003 at 03:54:24PM +0100, Rich Walker wrote:
> > Your objections are filed with the patent office. The patent owner has
> > to counter them. Once the patent has been *granted* the observations
> > cannot change that fact, but before the grant the patent examiner can
> > refuse the grant.
> > 
> > See http://www.patent.gov.uk/patent/indetail/observations.htm
[snip]

> > > * does the patent holder have to tell you about challenges to the patent
> > >   that he is currently hitting you over the head with ?
> > 
> > No - *you* have to go to the Patent Office and ask for the
> > correspondence about the patent.
> 
> That is wrong. If a patent has been shown to be bad, the owner should not be
> allowed to use it again.

I *think* that the Patent Office perspective goes something like this:

*prior* to the Grant of Patent, the PO can screw with the patentee
whenever they want - even to the extent of denying you a patent on
grounds of Military Interest. So your objections can be taken on board
and used to change the PO feeling about it.

*after* the Grant, it is out of the PO hands. However, they are the
 Place Of Record for issues surrounding them.


A granted patent can only be shown to be bad by a judge in a court. 

cheers, Rich.


> 
> -- 
> Alain Williams
> 
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> 
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> 
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rich walker         |  Shadow Robot Company | rw at shadow.org.uk
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