From Jim Bessen" <jbessen@researchoninnovation.org  Fri Dec 14 12:22:20 2001
From: Jim Bessen" <jbessen@researchoninnovation.org (Jim Bessen)
Date: Fri, 14 Dec 2001 07:22:20 -0500
Subject: [Patents] Very basic patent question
Message-ID: <003601c1849c$d658e840$45132818@wall1.pa.home.com>
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I am not a lawyer, but have asked the same question of lawyers. In the =
US no suit can be brought against a firm for holding an invalid patent. =
Validity can only be raised in court when a patent holder has sued for =
infringement.

It is possible to petition the Patent Office for a re-examination of a =
suit thought to be invalid. This was the case, for example, with =
Compton's multimedia patent. However, even here many lawyers are =
reluctant to provide evidence of prior art. If prior art is submitted in =
a re-examination proceeding and the patent is nevertheless upheld by the =
USPTO, then that prior art is no longer useful as a defense in the event =
of an infringement suit.



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James Bessen
Research on Innovation
jbessen@researchoninnovation.org


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<DIV><FONT size=3D2>I am not a lawyer, but have asked the same question =
of=20
lawyers. In the US no suit can be brought against a firm for holding an =
invalid=20
patent. Validity can only be raised in court when a patent holder has =
sued for=20
infringement.</FONT></DIV>
<DIV>&nbsp;</DIV>
<DIV><FONT size=3D2>It is possible to petition the Patent Office for a=20
re-examination of a suit thought to be invalid. This was the case, for =
example,=20
with Compton's multimedia patent. However, even here many lawyers are =
reluctant=20
to provide evidence of prior art. If prior art is submitted in a =
re-examination=20
proceeding and the patent is nevertheless upheld by the USPTO, then that =
prior=20
art is no longer useful as a defense in the event of an infringement=20
suit.</FONT></DIV>
<DIV>&nbsp;</DIV>
<DIV>&nbsp;</DIV>
<DIV>&nbsp;</DIV>
<DIV><FONT =
size=3D2>=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D<BR>James=20
Bessen<BR>Research on Innovation<BR><A=20
href=3D"mailto:jbessen@researchoninnovation.org">jbessen@researchoninnova=
tion.org</A><BR></FONT></DIV></BODY></HTML>

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