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Old January 17th, 2008, 10:21 AM   #28
RyeBread
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Quote:
Originally Posted by whiterhino View Post
My guess is the patent would not go thru. Especially if someone challenged it. In order for ANY patent to be approved, the patent must be applied for prior to ANYONE in the public to see it. So, if he has been driving around with the cage before he applied, the patent would be null and void. Also, with all the exo cages around with hinges for door & stuff, he would have to have something really unique. People have been doing exocages for years, therefore there is prior art.

Not worth the money.
While I agree, that his patent is not likely to be granted per se' (there are several things that he could in theory be attempting to patent, and not knowing what specifically he has applied for is a limiting factor here) the rest of the statement is not entirely, technically true. In part:
Quote:
...This decision has been codified as 35. U.S.C. §102, which bars an inventor from obtaining a patent if the invention has been in public use for more than one year prior to filing.
quite often the US Patent office has granted patent rights to the first filer of a design. If I recall my history lessons from way back accurately (too lazy to google this) Alexander Graham Bell beat the next runner up to the patent office by a mere 90 minutes or so...
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