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PUBPAT Challenges Microsoft Patent


The Public Patent Foundation filed a formal request with the United States Patent and Trademark Office to revoke Microsoft Corporation's patent on the FAT File System, touted by Microsoft as being "the ubiquitous format used for interchange of media between computers, and, since the advent of inexpensive, removable flash memory, also between digital devices."  In its filing, PUBPAT submitted previously unseen prior art showing the patent, which issued in November 1996 and is not otherwise due to expire until 2013, was obvious and, as such, should have never been granted.

"Microsoft is using its control over the interchange of digital media to aid its ongoing effort to deter competition," states PUBPAT's Request for Ex Partes Reexamination of U.S. Patent No. 5,579,517.  "The ‘517 patent is causing immeasurable injury to the public by serving as a tool to enlarge Microsoft’s monopoly while also preventing competition."

Last fall, Microsoft began to demand royalty bearing lic

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Did You Know?

A patent protects your invention.

A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

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 Helpful Patent Terms

First to file

Definition:
The applicant who is the first to file an application for an invention will be awarded the patent over all others.

Amendment To Allege Use

Definition:
A sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce.

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