Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.

Free
Message: From the cautious camp/silent majority -

One more note re “prior art trumps patent regardless of prior court rulings”.  

 

Many have/are searching for prior art, but they can't find company secrets. And many companies aren't even paying attention to these patent claims yet. It's not everyones top priority, if it's even on their radar. It's company secrets that can be the surprise.

 

 

“ … to get a patent invalidated, the first step is to locate documents that can be considered "prior art" against the patent's claims. Prior art basically means any disclosure of the contents of a claim, prior to the application for patent. … In the USA, selling or publicly displaying an invention counts as prior art (35 US Code 102(b)) even when the invention was completely hidden from view as part of a larger machine or article, if the invention is otherwise used in its natural and intended way and the larger machine or article is accessible to the public. But if the use was under the control of the inventor, the invention was not publicly used and so the use does not count as prior art.”

Source: http://www.iusmentis.com/patents/priorart/

 

From experience, I know that secrets can sometimes be better than patents if you want to hold onto a product performance advantage and avoid defensive legal costs. This is often true when we are talking about Integrated Circuits because, although an ICs functions are relatively easy to mimic, the details of the performance enhancing aspects of a design are often very difficult to discover by examination, disassembly and dissection of the IC. When a patent is obtained the secret of how performance was achieved becomes public information and competitors may invest in engineering a work-around that is competitive but does not violate your patent. I know of several very effective companies (example: Ideation International Inc.) that can bring impressive resource to the task of engineer around patents. Secrets can be better.

 

In PTSC’s case I don’t think prior art will be discovered. As a stock holder I’m betting on it, but I know there are “patent invalidation” risks even after this court case is concluded..

 

Share
New Message
Please login to post a reply