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echair
on July 14, 2008
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Please critique my idea: Prior Art
An idea has to be novel to be patentable. If someone else has already published the idea, it's not novel. It doesn't matter whether they built one.
Incidentally, prior art isn't something someone "claims." It's something a patent has to avoid.
run4yourlives
on July 14, 2008
[–]
What I meant was, if I have my 'widget improving idea' written on the website, and Joe Smith applies for a patent for his working 'widget improving device', I'm pretty sure most courts wouldn't listen to my "prior art" claim.
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Incidentally, prior art isn't something someone "claims." It's something a patent has to avoid.