Re: [Paddlewise] [PaddleWise] "Prior art" or "can you patent it?"

You can patent anything you can slip by the patent examiner.  They usually
only do a document search of achieves of known inventions and records. If no
one has ever bothered to patent it [perhaps because it was well know as
"prior art"], and it is in a specialized area of knowledge, there is likely
no reason for the patent clerk to discover the prior art and deny the
patent.

The real problem and expense with patents is not so much getting them [I
have several in my name], but rather enforcing them.  If you feel you have
been infringed upon by another manufacturer, it is up to the holder to bring
the violator into court and prove it to a judge.  The judge usually will not
shut down a business, but will order a royalty be paid if infringement is
proved, presuming there are any profits to be had.

If clear evidence of prior art is demonstrated during a trial, not only did
you waste you time and money, your patent (or part of the claims in it)
could be ruled invalid.  That is why it is so important to do a very good
search before you apply for your patent, so you can craft your claims to
show how it is different than any prior art.

Frankly, there are so many ways around most patents, they are seldom worth
getting.  You have to have something really desirable and with a lot of
profit margin, and you have to be prepared to enforce it.

Peter

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