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Invalidating a us patent

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The United States Patent and Trademark Office (USPTO), which often seems content to grant patents willy-nilly and let companies fight out their validity in court, has just ruled that Apple's massive multi-touch patent is invalid. Many patent claims that are rejected at this stage do ultimately survive.

But they're invalidating their previous validation unless and until they validate it again. Here's what Florian Mueller of Foss Patents has to say: I have said on various occasions that first Office actions and other non-final Office actions are just preliminary.

In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application).

BRIEF DESCRIPTION OF THE DRAWINGS The accompanying drawings show, by way of example, an embodiment of the invention. 1 is a side view, with partial cross-sections, of a banknote invalidating machine according to the invention; FIG.In a patent or patent application, the claims define, in technical terms, the extent, i.e.the scope, of the protection conferred by a patent, or the protection sought in a patent application.These two searches are identical except for the desired outcome (valid or invalid patent claims) of the search.Alternative terminology for these searches includes Validity Patent Search or Invalidity Patent Search.The mega-multitouch patent is something called the Steve Jobs patent, and Apple has asserted it in litigation before.How and if this affects current and future litigation remains to be seen.A Patent Validity Search or Patent Invalidity Search is an exhaustive Prior Art Search conducted after patent issuance.The purpose of the search is either to validate the enforceability of a patent's claims or to invalidate one or more claims of a patent, respectively.It was then often difficult to decide whether a product infringed a patent, since the sole basis to know the extent of protection was the description, in view of the prior art. However, even among patent legal systems in which the claims are used as the reference to decide the scope of protection conferred by a patent, the way the claims are used may vary substantially.Traditionally, two types of claiming system exist: No patent system today is a purely either central or peripheral, but the system used in Germany and most of the other countries of continental Europe is considered more central than the system currently used in the United Kingdom, the United States, and especially Japan, which are more peripheral.