A recent court case held that:
"experiments used by inventors to verify the particular characteristics of an invention are not equivalent to the trial and error procedures often employed to discover an invention where the prior art gives no motivation or suggestion to make the invention nor a reasonable expectation of success."
What would you make of the difference of verifying the characteristics of something vs discovering the characteristics of something?
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."