Ryuji
Member
gainer said:I studied this subject along with our legal staff when I worked at NASA. No matter what the Patent Office does in granting a patent is not incontesatble, and it is not their job to defend that patent. They can testify, but in a case where it turns out that they were wrong, the patent will not be enforcible. If one tries to patent a device or process that any competent engineer would derive as a matter of course in the process of solving a problem, that patent application should be denied. I don't see how a person could patent the process of dissolving photographic chemicals in a common organic solvent. That is much too general and in fact could could and would have been in violation of the patent even before it was issued.
Patrick, it is a fundamental mistake for you to assume that the patent was granted for the "process of dissolving photographic chemicals in a common organic solvent." It is given for some other reasons. How can you judge a patent withotu reading it closely?
Offensive rights of patents are determined ultimately in court, when there is a dispute, but even so, if you have a good set of claims, it is more difficult for the disputer to nullify your patent. What you are saying sounds to me to be a quibble from someone who doesn't understand the system.