[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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