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Alias Born | 05/22/2014 |
Wednesday, December 17, 2014 7:58:10 PM
"I think there is much more to patent law and interpretation than the simple spin you're providing. You're placing heavy emphasis on overextending the title of the patent to mean any regulated products when the patent specifies "providing a vending machine having an identification card reading device and a finger print scanner, wherein said vending machine vends an age restricted product selected from a group consisting of cigarettes and alcoholic beverages.
"Whether the patent would hold up or even be worth litigation against an automated beer or cigarette vendor is a reasonable question," I feel a need to challenge your statement here with a strong rebuttal from the USPTO:
Patentability
The USPTO tests patent applications for novelty, utility, NON-OBVIOUSNESS [color=red][/color]and description. A marketing strategy applying for protection as a process must also meet these guidelines. "Novelty" means that no protected aspect is already patented and that no one has published or publicly demonstrated the process more than a year prior to the application. "Utility" means that the process has an industrial application and the USPTO finds most anything to be useful, whereas "NON-OBVIOUSNESS" means that the process CANNOT BE A LOGICAL IMPROVEMENT [color=red][/color]or process that any person could concoct without specialized training.
[color=red][/color]
NOW... in lieu of this revelation from the USPTO I would hope that your statement "but the Autospense subsidiary has already proven more than willing to go up against a heavy hitter in court if the need arises"[color=red][/color] might take on a completely different meaning.
Furthermore, in response to your statement of "I don't believe Todd Davis will be too concerned if American Green uses their shareholders' money to bring a frivolous case to court" - I would hope, for the betterment of his investors, that he recognize the difference between apples and oranges... AJMHO, of course, along with the USPTO, FWIW...
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