Patent Act of 2005
will at osaia.org
Tue Apr 26 18:26:15 UTC 2005
Bruce Perens wrote:
>John Cowan wrote:
>>No, I'm not. Can you give or point to an explanation of the distinction?
>There's some interesting material on prior art in the MPEP at
>Prior art that invalidates a patent claim can come from many different
That's correct. Prior art as defined by the draft would likely be harder
to produce than it is now. Current law, for instance, lets you cite from
literally any publication cataloged in any library in the world.
The new standard defines reasonably and effectively accessible
as"subject matter (that) can be accessed and comprehended, without
resort to undue efforts, by persons of ordinary skill in the art to
which the subject matter pertains."
More important is the proposed "post-grant review" process by which
anyone could present prior art in order to show that certain patents are
invalid.(Can you say wiki?)
There are many sections to the Committee Print, which is laden with all
manner of patent office legalities not apparent to the non-specialist.
OSAIA/CCIA and a bunch of other folks will be weighing in on the rest of
it in the coming weeks.
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