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From Ben Laurie <...@algroup.co.uk>
Subject Re: IBM and WS-Security
Date Sat, 25 Jun 2005 23:38:31 GMT
Jeffrey Thompson wrote:
> I think that the one year limit derives from the time limit in the U.S. 
> for filing patent applications.  In the U.S., you can file a patent 
> application for an invention up to one year after the patented invention 
> was first published, incorporated into an on-sale product, etc.  That's 
> the reason why there's always a search for prior art when someone tries 
> to assert a patent claim.  If you can find a publication that describes 
> the supposed invention or on-sale item which implements the invention 
> that existed more than one year prior to the filing date, the filing was 
> invalid, and therefore so is the patent.  It doesn't matter whether the 
> patent holder actually invented the invention, whether someone learned 
> it and then published it, or what.  If its past 1 year, the patent is 
> dead.  (I'm sure that there are exceptions, but that's the general rule.)

You mean its killable, rather than dead. I'm told that even with prior 
art its a tedious and expensive process.

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