Re: WTF patents

In article <1137096822.777842.33970@xxxxxxxxxxxxxxxxxxxxxxxxxxxx>,
bungalow_steve@xxxxxxxxx says...
> "The claims are in force"
>
> But what exactly does that mean, there are no patent police that are
> going to stop your companies production until the courts have decided.

Worded badly, I know. The point is that the holder of the patent
is assumed to have the legal right to enforce the patent, until
proven otherwise.

> "The
> holder of the patent is assumed to be correct until the courts find
> otherwise."
>
> The holder of the patent is assumed to be correct only after the courts
> find in their favor, otherwise, its just a piece of paper

That's not true. The holder of the patent is assumed to have been
given the monopoly to use the invention disclosed in the patent.
The only defense for infringing on the patent is to have the patent
invalidated. If you infringe on the patent and the holder sues,
you're assumed to be in the wrong (the USPTO is regarded by the
courts as being the expert). I hope you have deep pockets.

--
Keith
.

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