Imagine you are counsel representing a patent owner in an infringement case. Suppose you can say to the judge and jury:
Ladies and gentlemen, you have heard my learned opponent invite you to consider whether perhaps this patent should never have been granted because of prior art that was overlooked. But you might be interested to know that during the time that this patent application was pending, prior art searching was carried out by not one, not two, not three, not four, but five patent offices. The Examiners in these five patent offices were fluent in the Chinese, English, French, German, Japanese and Korean languages. Before the claims were found to be patentable, these Examiners shared with each other the prior art that they found. The Examiners from these five patent offices shared their thoughts as to whether the claims were patentable in view of the prior art that was found. Only after all of these things took place did the patent office decide to grant a patent. And this is the patent before you now.
I’d call such a patent a Super Patent. Yes under US law any patent is to be presumed valid, but I suggest such a patent would enjoy a much greater presumption of validity. Would you like to learn how to get such a Super Patent? Continue reading “Getting a Super Patent”
(Please also see a followup blog article