5 ms·
Patent examiners just provide advice. Even if the advice is negative, you can still be granted the patent. The validity of any patent then has to be establishe
by nudded 14y ago
Patent examiners just provide advice. Even if the advice is negative, you can still be granted the patent.
The validity of any patent then has to be established by a judge in court.
- hayksaakian 14y agoI understand 'innocent until proven guilty,' but 'patentable until proven otherwise' makes no damn sense.
- nudded 14y agoI agree with you. But it's important to understand that 'Patent granted' has no meaning at all.
- dpark 14y agoThis is entirely untrue. A patent that has been granted by the USPTO is deemed valid and binding unless decided otherwise in court or by a re-evaluation by the USPTO. By your standard, patents are never meaningful, because a higher court (or the same court) could always invalidate the patent.
- zerostar07 14y ago"Patent pending" doesn't have legal effect ( i think it's a warning to copycat-wannabes). "Patent granted" has lots and lots of meaning.
- deleted 14y ago[deleted]