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Robin Cornelius wrote: > > It appears in the patent search report, that only EPO and World > patents were searched before granting? how the hell can this be right > what about scientific papers etc. This implys if its not in the patent > database its patatantable? (or at least the examiners will grant it). The days when Einstein was a patent examiner are long gone. It isn't possible or reasonable for a patent examiner to know even their own field comprehensively, so if it seems non-obvious, useful, and correctly formed, it will likely be granted if it doesn't already have a patent (or possibly even if it already does). The issue only arises if those granted a patent pursue folks for infringing it, at which point you either face a court case, or in some jurisdictions can request the patent be re-examined (which may be cheaper). But it is entirely something to ask your lawyers about. Prior scientific literature is a classic case for patents being dismissed. It isn't unusual for scientific papers to be held back until all the potentially patentable material is patented, especially in pharmaceuticals. I know of medical researchers whose doctorates were held back, because submitting your thesis is publishing (in the UK) even if no one ever goes anywhere near your departments library), and thus the material is public and no longer patentable.
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