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by borapdx
1422 days ago
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No you are not, because you do not know for sure if the device is really competitive. Most people assume such judgments are clear and obvious but that is completely wrong. It is really about other people think, including of course the patent examiner but others too. If they think FAANG co. patent is not, or partially competitive, they you are fine. The entire patent system is so obscure, non-obvious and surprising that I would almost NEVER assume any patent is competitive to another just that may seem to be the case at the moment. In addition, it is basically impossible that what you have is identical to their published patent. Even if they do overlap some of your stuff will be good for another patent, based on differences and you will be in effect piggybacking on that one. The short moral of the story is one should NEVER assume ANYTHING is obvious in the patent system. And keep in mind I am not saying it does not work. |
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