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Message: Re: Prior Art In Germany - Britania

Re: Prior Art In Germany - Britania

posted on Feb 09, 2009 07:38AM

I'm just popping in for a few and saw your post (BTW, I'm proud of my newfound ability to just stay away from this board or any board recently - I actually had to log in to post! LOL).

Having been away, perhaps this question/opinion has already been responded to, but I suspect that "prior art" has no boundries, i.e., that the existence of prior art anywhere would be applicable and don't necessarily have to exist in the country's patent system at all per se - just somewhere in the public domain. However, the "rules" in this regard may differ from country to country....or not. I hope somebody can straighten me out if I'm wrong, but if I'm right, IMO this bodes very well for the MMP.

Not to knock the USA or the effectiveness of our patent system/examiners (though performance to date on our cases leaves one scratching their head and tapping their foot in inpatience), but I'm compelled to offer the Germans a bit more respect when it comes to any kind of recordkeeping or technical analysis. I would also expect them to be more "hard-nosed" in reviewing the validity of a patent(s) originating outside the country. Just perceptions and attitudes.....

Hope all is well for everyone here, and that most can capture a piece of the opportunities the current economic situation may present.

BTW, I KNOW nuttin'!

SGE

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