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REPLY RECEIVED FROM PAUL EHRLICH INSTITUTE:
Love this one! They completely nailed Berman's jello to the wall good and proper here!
Weasel words from the Weasel's lawyer:
Mea Culpe... Its actually upto 18 months before they HAVE to publish in the US. So it may be a while yet before this is uncovered.
Apologies for any misinformation.
NO published application YET:
Search term:
TTL/Method AND Apparatus AND Swift AND Determination AND Covid AND Virus
Search Result:
No application publications have matched your query
Not asking you to take my word for it: Feel free to verify yourself:
https://appft.uspto.gov/netahtml/PTO/search-adv.html
Lets see if that changes!
If it doesn't show something by (or very soon after) 17th June, then the purported applications were either never filed or were subsequently withdrawn!
Place your bets now folks!
So what is the pumpers likely next play in this scam going to be?
Remember this:
https://apnews.com/press-release/accesswire/7a02517365e40f8ae002351caa3983ee
If DECN did file patent APPLICATIONS, they will be due to publish around now (unless they were withdrawn before the publication deadline!).
So Will they?
Q. Surely if the patent APPLICATION publishes it means the product is real... (some will ask no doubt!)?
A. Absolutely NOT. A patent application / disclosure is evidence of an idea on paper. Nothing more. If the application is properly formatted and the relevent fees are paid, it will publish as an application unless withdrawn, no matter how good, bad or ridiculous the purported invention is!.
IF it is a good idea it sets the priority date from which subsequent enforcement action against infringers can begin. Whether it is a good idea or a POS, the application sets the priority date against which opposing IP must be filed in order to weigh against the patent in the examination.
Q. What will be in the published application?
What a published application WOULD disclose is details of how the invention (supposedly) works. (And I look forward to tearing into that!)
Q. How does a patent application progress to a granted patent?
In order to progress to (one or more) granted patents, the application is subjected to an examination process, in which the 'claims' (i.e. the elements that the patentee is allowed exclusivity over) are set and tested against the requirements for the patent to be granted. Those requirements are as follows:
(i) Utility: The invention must solve a problem and be capable of working as described. (This is the easiest one to tick off! - something doesn't have to work well, it just has to be theoretically capable of solving the problem to meet this test!)
(ii) Novelty: The invention must not have been already known about, or described elsewhere prior to the filing. This would be a big problem for DECN. The Hatsuki paper and Berman's fat mouth / public statements would weigh against a grant here, along with alot of other so called 'prior art' e.g. a boatload of Roche patents where impedance was used for hematocrit correction amongs other things. Since DECN impedance strip is more or less a direct knock off of expired Roche impedance technology, I struggle to see how they will get away with any novelty requirements.
(iii) Inventiveness: Its not enough for it to be 'new'... it has to be 'neat'.... i.e. non-obvious to one of ordinary skill in teh art! There has to have been a so called 'inventive step'. e.g. an unexpected result or non obvious combination of elements to produce a surprising effect. An new but obvious combination of already known elements (so called 'juxtaposition') would not meet the requirements for a patent. I think DECN are likely to face an uphill struggle here as well.
The examination process takes many months and costs money.
IN short, if DECN's purported patent applications even DO publish, I expect them to be merely the source of yet another empty pump, and not much else!
They will - if they publish, provide some interesting insight into what Berman/DECN THINKS it is up to! And provide some substance for technical refutation of DECNs outlandish and fraudulent claims, I think! Looking forward to seeing them.
Whereas if they DON'T publish (and soon) we will know that Berman was ALSO lying in this June 2020 press release, as it means he either did not file the applications at all, or else withdrew them (out of embarassment probably) before the publication deadline passed, and did not announce that!