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when applying for a patent. it must pass the obvious rule. in other words to a person skilled in the art is this patent application 'obvious'. The defense of... Read More »
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Pedram SameniChris: what is your view on AIA's inter partes reexamination? Is your suggestion similar to that with an extra penalty if the third party who requested the review was not right?
Sep 3, 2013
Lalit AmbasthaYes, Obviousness is a very subjective issue. However, we do not forget that getting a patent right is one thing and freedom to operate is entirely another thing. That is why we get a patent right on minor modification [as per law] too but it does not mean that we are free to exploit the same. And, nobody think this basic fact before filing a patent application.
Sep 3, 2013