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frogdreaming

08/11/03 3:34 PM

#3513 RE: bag8ger #3508

bag8ger - I'm sorry that the world doesn't work the way you would like it to, I really am.

I am NOT trying to defend a practice, I am trying to explain the reality.

My patents are original. However, anyone can get a copy of them and duplicate the invention, it is the nature of the process.

There is a significant misunderstanding about the intended 'use' of a patent in this forum. The primary benefit that we enjoy from our patents is that upon the granting of a patent we are insured that no one can prevent us from producing our products. The patents assure us that we have the right to continue. Many times we will discover that our competitors have patented a technology that we already employ, although we did not seek protection for. While the fact that our usage predates their patent it only allows us to continue producing that particular product, it does not permit us to use it in subsequent devices.

One can argue that our previous use invalidates the patent and legally that is true, but the reality is that the effort to revoke a granted patent is a formidable undertaking and the legal ramifications, injunctions, depositions, prior art investigations are daunting. Trying to defend a prior use argument is a major effort and uses up lots of resources and money.

I also hope that no one will attempt to purloin DNAP's intellectual property but I am not naive enough to believe that it is not possible.

COnsider this. If a big pharmaceutical company copied the technology without any modification and used it internally to develop new drugs, and then moved the new drugs through their usual development pipeline to market, how would you ever know?

How would you know if anyone did it?

I'm sure the Doctor is well aware of the pitfalls as well as the benefits. It doesn't mean that he is not vulnerable, does it?


regards,
frog