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Seeking Prior Art Before Filing Patent?

TheoB No, seriously, don't. (86 comments)

Since people will sue you for infringement on the flimsiest of pretenses, you aren't really protecting yourself from the possibility of a lawsuit. On the off chance you see something similar to your idea which you dismiss as unrelated and you later get sued by the party who controls that idea, they can go after you for treble damages on the grounds of willful infringement. "But it isn't the same?" Doesn't matter: they're in a much stronger bargaining position when it comes to coercing you into a settlement.

There's a reason the legal departments of corporations order their engineers not to so much as Google for prior art. Hold yourself to the same standard; get yourself a patent attorney and let them take on the liability on your behalf.

(IANAL, but I deal with a lot of them. ;-)

more than 8 years ago

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