Re: Seen on aus.legal

From: Brian M. Scott (b.scott_at_csuohio.edu)
Date: 12/01/04


Date: Wed, 1 Dec 2004 16:55:45 -0500

On Wed, 01 Dec 2004 13:40:14 GMT, "Peter T. Daniels"
<grammatim@worldnet.att.net> wrote in
<news:41ADC9BC.7959@worldnet.att.net> in sci.lang:

> Your claim was that "caveatted" is not specific to Australian
> jurisprudence, but is current in US patent law.

No, he said that he was sure that U.S. patent law had
something equivalent and suggested that we might call it by
another name.

> You were incorrect.

> Someone apparently familiar with US patent law even said so.

Rather, he said that the term is not now used in U.S. patent
law. It used to be, however. A caveat was a preliminary
application in which the inventor made claim to one or more
potential inventions without presenting the detail necessary
for a formal application. The caveat system was abolished
in 1910, though it was already in disuse.
<http://edison.rutgers.edu/paulpats.htm>

A quick search did not turn up any examples comparable to
'to caveat an invention', but since the noun is obsolete in
this sense, that's not really evidence of much of anything.

[...]

Brian



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