🚀 go-pugleaf

In article <kfcu0hs@fido.asd.sgi.com> nelson@bolyard.wpd.sgi.com (Nelson Bolyard) writes:
>Now consider the alternative.  They don't pay $10K.  Predator Joe sees
>their product in a store, and applies for a patent on whatever novel piece
>it contains.  Because the USPTO ignores trade press and scientific
>journals, Joe gets the patent.  Then Joe sues the startup company.

OK, consider this alternative.  They don't pay $10K, but publish a paper on
their novel idea.  Predator Joe sees the product and/or the paper and
applies for a patent on the product.  As in your scenario, the USPTO grants
the patent.

However, the original company was smart.  They keep a watch on patents that
are granted (I assume there's a subscription service that will send you
abstracts of new patents).  They notice the patent on their idea, and
immediately submit a request for review to the USPTO, informing them of the
journal in which the paper was published.  There's a small fee for this
review service, but it's much less than the cost of a patent itself.  The
USPTO should then revoke the patent.
-- 
Barry Margolin
System Manager, Thinking Machines Corp.

barmar@think.com          {uunet,harvard}!think!barmar