Pitfalls of on-line patent searching
Via this month’s WIPO Small and Medium-Sized Enterprises Newsletter, an article that asks: “Are Search Statements Submitted to Patent Databases Public Disclosure of an Invention?†See: On-Line Patent Searching – A Cautionary Tale. In the article, the author suggests that “ perhaps the best solution [to the risk of disclosure] is to file a Provisional Patent Application first and search later.â€
It is a valid concern, one which I’m not sure how to respond to. I suppose that such a fact pattern COULD happen, but I’ve never heard of it.
Do we need to stop sending emails to clients (or only send them encrypted) (unless I’m mistaken, the American Bar Association has commented that they don’t think attorneys need to use encryption)? What about postal mail…isn’t there a chance that your letter could be read by a postal employee, or misdelivered and read? Do we need to only hand deliver letters from now on? Where does it end?
I don’t know.
I’ll leave the comments open if any of you want to post (even anonymously) your own two cents.