Re:AskPatents.com: A Stack Exchange To Prevent Bad Patents
by d2vid on Thursday September 20, 2012 @12:58PM
(#4549481)
Regarding the treble damages for having read a patent - since these are patent applications, not granted patents, perhaps one could argue that one didn't know it was actually granted?
[ Parent
| on HN ]
Re:AskPatents.com: A Stack Exchange To Prevent Bad Patents
by macchina on Thursday September 20, 2012 @09:37PM
(#4551770)
That wouldn't matter.
If you read an application, then you know the invention exists
If the application is rejected – it implies the invention is not novel. Whereas if it is granted, it implies the invention is novel.
Either way, you should not be seeking a patent on that particular invention — because you know that you're not the first to invent.