shooting yourself in the foot....

WSchick at aol.com WSchick at aol.com
Fri Apr 26 22:37:03 EST 1996


In a message dated 96-04-25 12:42:57 EDT, alexanderw at cber.cber.fda.gov (Bill
Alexander) writes:

> Don't worry yet because they hardly have enough
>time to search the Literature now.

Yes, but the future competitors could, and would use this as public
disclosure to invalidate any patent granted by the commissioners.   I
remember Hoefer patenting the heating from the bottom gel dryer concept.  But
their OEM BioRad had published in their catalog over one year prior to the
patent lawyer finally getting around to patenting (never trust a lawyer?).
 So BioRad avoided the patent by heating from the top.   Another , wiser?,
competitor kept the catalog and compared dates, and made a competing heat
from the bottom gel dryer.
Moral:  the lawyer and the patent office patented the device, but public
disclosure allowed another competitor to make a unit before the patent term
ran out.
Any disclosure to others should have a confidentiality agreement to protect
your invention.  How can you do that on internet?

Walt Schick



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