paulvallandigham
Passed On
- Joined
- Jan 9, 2006
- Messages
- 17,537
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Joe: Please don't use the issuance of a Patent to justify anything as " New ". Writing patent applications so you qualify for the issuance of one is an Art form, more than a science. You can get a patent on just about anything, but it may not be worth the paper its printed on. And, most of the patent infringement cases ruled against the Patent holder when they got to the U.S. Supreme Court from about 1950- 1990, when a couple were upheld. The U. S. Supreme Court takes a much tighter view about inventions than does the U.S. Patent and tax Court of Appeals, about these matters. I am sure that the patent office was not aware of the museum in-line flintlock in Europe because it is not the subject of any written patent or machine drawing still in existence. Had they known of it, and if a court is made aware of its existence, the patent granted to whoever will be largely unenforceable. Patents have become tools of intimidation, and matters to be bartered for, because its much cheaper to get a license than to go through the litigation involved in challenging a patent. I am afraid the patent office staff is more and more aware of this, and the quality of their searches has dropped off in the last 30 years. They got a scare of their lives when one justice wrote that he didn't think that it was possible to invent anything really new anymore, thus challenging the patent office's very existence. Most patents today are " Utility " patents, rather than design patents, protecting a new or " novel " use rather than a truly new invention.