On Wed, 24 Nov 2004 10:08:57 +1100, Tim Churches <[EMAIL PROTECTED]> wrote:
...
> Yes, but if the patent is issued regardless (as very often seems to
> happen), then its invalidity needs to be proven in the courts - very
> expensive. 

Tim,
  Going to court and the associated expense may not be necessary. For
US Patents, we can add citation:
  
http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_501.htm#cfr37s1.501
or ask for re-examination:
  
http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_510.htm#cfr37s1.510
  Ex partes re-examination costs $2520.

> Better to oppose the patent application before it issues, to
> prevent it ever becoming a patent - still surprisingly expensive, 

Filing a "Protest" before the patent is issued does not look expensive
at all from here:
  http://www.uspto.gov/web/offices/pac/mpep/documents/1900.htm
In fact, I don't even see the mention of any filing fee.

> but less expensive that a court case.

Sure, but there are lots of things that can be done before ending up in court. 

Best regards,

Andrew
-- 
Andrew P. Ho, M.D.
OIO: Open Infrastructure for Outcomes
www.TxOutcome.Org

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