[SI-LIST] Re: [SPAM] Re: Question about split gnd planes
- From: "Kenneth W. Egan" <kegan@xxxxxxxxxxxxx>
- To: <tom@xxxxxxxxxxxxx>, <si-list@xxxxxxxxxxxxx>
- Date: Fri, 2 Jun 2006 21:19:04 -0500
Actually, that's not part of patent law. The oenus is on the examiner, prior
to awarding a patent.
The inventor DOES have to disclose ALL "KNOWN" prior art, or references used
when disclosing / reducing to practise.
There are different legal camps on this. Some major companies, prefer to not
do prior art searches ( subject to search issues ). Some want it, to know
what you're up against, and if there is legal entanglements. If you don't,
you may have to abandon claims if there is prior art, or abandon the app
altogether. All the company ( or person/persons ) is out is the legal and
filing fees, no harm done.
The problem with finding "related" art, not necessarily prior art, is if you
DO find it, and are acting on the behalf of the company, and proceed anyway,
and the patent is DENIED, then the company is "knowingly" infringing ( if
prior art is a patent ), and subject to TRIPLE damages to the other party.
in a court of law. ( VERY bad juju ). If the patent is issued, and in a
legal court proceeding, finds a claim infringing, you're still subject to
triple damages.
KWE
-----Original Message-----
From: si-list-bounce@xxxxxxxxxxxxx [mailto:si-list-bounce@xxxxxxxxxxxxx] On
Behalf Of Tom Dagostino
Sent: Friday, June 02, 2006 4:25 PM
To: kegan@xxxxxxxxxxxxx; jamismith@xxxxxxxxxxxxx; si-list@xxxxxxxxxxxxx
Subject: [SI-LIST] Re: [SPAM] Re: Question about split gnd planes
From my experience the filer has to do research into prior art and report on
it.
Tom Dagostino
Teraspeed(R) Labs
13610 SW Harness Lane
Beaverton, OR 97008
503-430-1065
tom@xxxxxxxxxxxxx
www.teraspeed.com
Teraspeed Consulting Group LLC
121 North River Drive
Narragansett, RI 02882
401-284-1827
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