Minelab MPS patent could be invalid

[Rudy]

Thanks.So are you saying that the CONCEPT/METHOD used in Poole's patent could be used by ANYONE in the frequency/time domain?

In the case of Poole's expired patent, which predates the other patents in question, whatever is written in the description or theory of operations, prior art, and the Claims section is now public domain and can not be patented.

Since his patent expired, anything described in the prior art section (if any), must by consequence have expired as well so it can be freely used. Anything that is exactly as described in the Claims section can also be freely used.

Now, where it gets interesting, is what happens when you take one of Poole's claim and modify it (presumably to make it work better), then claim it in your own patent. Here, the inventor is duty bound to disclose in his patent application any applicable prior art. The patent examiner --if he is on the ball-- should disallow any claims that are clearly "anticipated" by a previous inventor and deny the claim as written, requiring the applicant to write a more focused (restricted) claim and resubmit the patent application.

A patent can be invalidated by showing that: the claims, as written, had been previously patented and the patent expired; the technique had been in use prior to the patent filing and are therefore unenforceable; the claim consists of of something that is not patentable (for any of the above or other reasons) plus an addition/modification that would be "obvious to those skilled in the art", meaning someone with knowledge of the technology would see the change/addition as obvious.

Invalidating a patent is usually not attempted, until such time as the patent holder tries to enforce the patent, simply because it takes money to pursue it in the courts.

You guys need to do your homework. Candy references Poole's patent in a couple of his own. In one Candy's, states the differences in his method and Poole's. Although it may be weak it is published. Look at the top of US 5,506,506 "2004069 3/1979 United Kingdom"

[Woody.au]

So who has enough Balls to take on Codan/Minelab ? Should I say enough money? The only way to get a Patent quashed is via a submission to the Patents office. You would need some serious expert testimony. Then again just use whats in Pooles patent exactly as claimed. You may end up with a Minelab.

The concepts is not what is important in a patent. What is important is what is written in the Claims section. That is what is being protected.

I haven't read the two patents in question yet, but just wanted to clarify how patents work.

Thanks.So are you saying that the CONCEPT/METHOD used in Poole's patent could be used by ANYONE in the frequency/time domain?

[Rudy]

An expired patent that predates Candys patent has surfaced. The patent was dated 1979 and the Candy one is 1996. I have seen both documents and it is exactly the same concept. I would link but i do not know how.

The concepts is not what is important in a patent. What is important is what is written in the Claims section. That is what is being protected.

I haven't read the two patents in question yet, but just wanted to clarify how patents work.

This Candy has no shame, riding on the backs of greater inventors. Fancy doing a rewrite of someone elses old patent and saying it is his! Those Australians are a funny bunch!

Well, either way minelab have been bluffing the detector manufacturers and the public for years. Rogues!

This Candy VLF patent should never have been granted either. I think it is just a sophisticated rehash of Poole's expired patent application is it not?

http://v3.espacenet.com/publicationDetails/originalDocument?CC=US&NR=4942360A&KC=A&FT=D&date=19900717&DB=EPODOC&locale=en_EP

I did not think you could re patent something that has been in the public domain before your patent? This sort of makes patents a bit of a joke I think!

Well, either way minelab have been bluffing the detector manufacturers and the public for years. Rogues!

I thought Sean Goddard invented MPS and multi-frequency? The proof is in a secure safe!

Did he invent it before Poole's patent application?

I thought Sean Goddard invented MPS and multi-frequency? The proof is in a secure safe!

Lets hope that Whites drop that tdi piece of trash and use pooles patent and make a detector that performs.

Yep! we seen it now! just have to Physically implement these ideas into Hardware here an now?I suppose easier said than done!for most outside of a development lab,with all the $$$,understanding anTime etc.

It seems that Whites or any of the larger detector companies may now be free to use multiple length TX pulses to null the ground signal? If ML kick up a stink then one can just produce Poole's patent application and say that your multiple length Tx method for ground nulling is based on Poole's which predates Candy's 1991 patent application or his 1996 Patent.

[Rov]

Yep! we seen it now! just have to Physically implement these ideas into Hardware here an now?I suppose easier said than done!for most outside of a development lab,with all the $$$,understanding anTime etc.

Pooles 1979 Patent

http://v3.espacenet.com/publicationDetails/originalDocument?CC=GB&NR=2004069A&KC=A&FT=D&date=19790321&DB=EPODOC&locale=en_EP

http://v3.espacenet.com/publicationDetails/biblio?adjacent=true&KC=A&date=19790321&NR=2004069A&DB=EPODOC&locale=en_EP&CC=GB&FT=D

Candy 1996 Patent

http://www.invisionplus.net/forums/index.php?mforum=goldprospecting&act=Attach&type=post&id=11453

Ahhhh in this day and age with 10 trillion dollar deficits and 1 trillion dollar bail outs 80,000,000 is small change