Bourque Industries Inc (BORK)

[gotmilk]

I disagree, for lets example the following terms.

sufficient detail
skilled in the art
enablement

But first, "How can any patent holder ever lay claim to have a trade secret if all details, including formulas and processes, must be included in a pubic record?"

Simply, as oil & water don't mix, so as patents and trade secrets here since Kryron has not a trade secret connection made.

re: "Not all details are in a patent's public record!"

Also, "Only a few at BORK knew the correct protocol."

Meaning they were not contained within the patent and thereby unknown to the person trying to make Kryron, or the correct protocol was known, but the person was not "skilled in the art" and failed to correctly make Kryron ?

And then, "I have discussed what I have learned with some who are highly trained, experienced, and credentialized in the fields of physics and engineering and received concurring conclusions."

Meaning these folks "skilled in the art" concur with your opinion that not all details [protocols] are in the Kryron patents ?

http://en.wikipedia.org/wiki/Patent

Application and prosecution

... [the] application contains a description of how to make and use the invention that must provide sufficient detail* for a person skilled in the art** (i.e., the relevant area of technology) to make and use the invention.

* http://en.wikipedia.org/wiki/Sufficiency_of_disclosure

Sufficiency of disclosure or ennoblement is a patent law requirement according to which a patent application must disclose a claimed invention in sufficient detail for the notional person skilled in the art to carry out that claimed invention. The requirement is fundamental to patent law: a monopoly is granted for a given period of time in exchange for a disclosure to the public how to make or practice the invention.

2.2.3 Enablement

The patent law in the United States requires, among other things, that the patent specification "contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same." The requirement "to enable" a person of ordinary skill in the art to make and use the invention is colloquially referred to as the "enablement" requirement.

It is a key part of the patent bargain as an inventor gets a monopoly in return for teaching the world about their invention. A patentee who claims more than they enables is not holding up their side of the bargain: they are taking advantage of patent law's monopoly while keeping their invention secret.

A patent "enables" the invention if it allows a person of ordinary skill in the art to practice the invention.

A patent that does not meet the enablement requirement may be declared invalid in whole or in part by a court or upon re-exam.

Enablement is determined as of the filing date of the patent, and patent-owners cannot use experiments conducted post-application to establish the validity of their patents.

Inventors who do not wish to teach the world about their invention still have some protection under trade secret law, which protects valuable secrets from being misappropriated through unfair means (such as theft or industrial espionage). But unless inventors apply for a valid, enabling patent, they cannot take advantage of patent law's monopoly rights, and thus cannot stop competitors from developing the same product or process through proper means (such as independent invention or reverse engineering). Enablement is the price an inventor pays for this stronger protection.

** http://en.wikipedia.org/wiki/Person_skilled_in_the_art

... [if] it would have been obvious for this fictional person to come up with the invention while starting from the prior art, then the particular invention is considered not patentable.

In some patent laws, the person skilled in the art is also used as a reference in the context of other criteria, for instance in order to determine whether an invention is sufficiently disclosed in the description of the patent or patent application (sufficiency of disclosure is a fundamental requirement in most patent laws)...

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