Originally posted by Unregistered
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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.
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