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Comment: Re:On top of that... (Score 1) 205

by Gerocrack (#36538134) Attached to: US House Takes Up Major Overhaul of Patent System
You are confusing two things here. An interference proceeding is used if two parties are trying to get the patent, both claiming to be the inventor. If you are being sued for infringement for something you have been doing all along, your defense is not "interference", it is "invalidity". A patent is only valid if it is, among other things, novel. If you were doing this or using this before the filing date of the patent, and can prove it, they're boned.

Comment: Re:Isn't that required? (Score 4, Informative) 88

by Gerocrack (#28396959) Attached to: Obama Taps IBM Open Source Advocate For USPTO
Patent prosecution (writing patents) requires you pass the US patent bar, which is different from a state bar. To sit for the patent bar, you must have an engineering/science degree. Patent litigation, however, only requires you be certified by the bar of the state in which you are practicing; Patent Bar and technical degrees are not required. You can also take the patent bar w/o going to law school, and become a patent agent. Still need the technical background, though.

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