[hpsdr] SDR Patent application that will kill hpsdr
Bruce Perens
bruce at perens.com
Mon Aug 8 13:27:50 PDT 2011
On 08/08/2011 01:16 PM, Steven Bible wrote:
> Once it does (if it does) undergo a full examinition, then the issue of prior art come into play.
I think we can assume that the filing of a provisional application does
indicate the intent to file a regular application.
The problem for us is that the regular application may include new
claims not on the provisional application, /and/ will benefit from the
early filing date. So, there is a potential for submarine patents that
effect us.
If we can kill claims on the provisional application, it might be a good
idea to do so before a follow-on application is granted. A
well-researched registered letter citing known prior art for each claim,
in the application, individually, is cheap insurance. This should be
sent registered to both USPTO and the applicant, and published online.
It's really nice to be able to cite such a thing if there is a lawsuit
later on.
Thanks
Bruce
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