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The case cited brings up a point that was never properly publicized when the rules were changed on the working prototype. I wonder how many others of my age still believed that a working prototype, or at least a working model, accompanying the application was a requirement. It obviously is NOT NOW a requirement.
In my opinion, the correct way to handle cases of this type wherein someone shows prior invention is to simply place the item into the PUBLIC DOMAIN, and deny patents entirely. The justification is that the inventor failed to attempt to profit from the invention, and at the same time, no one else should be allowed to copy the invention and claim it as their own. Neither party has earned the right to a government granted monopoly, that is supposed to be of LIMITED DURATION in any event.
The inventor would be allowed to avoid loss to Public Domain by showing that the invention was under continuous development towards a marketable product. - Posted by: Update victim Posted on: 09/13/05 You are currently: a Guest | Members login | Terms of Use
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