Week 4 – Discussion 1
Chapter 9: Question #4
Patents on Previously Known Technology
The Whopper Co. is a manufacturer of gumballs. The technology and know-how to are well known in the scientific and engineering community in Whopper’s home country, where gumballs have been popular with consumers for decades. Whopper decided recently to expand into Country X and to introduce gumballs to a market that have never seen them before. Before doing so, Whopper filed for a patent in Country X. The local patent office examined the application as to form (it was fine), searched the local records to determine if the technology was known locally (it was not), and then published notice of the application in the Patent Gazette for public comment. There was no public comment, and the patent was issued. Now Bubble Co., a local Country X business, has begun manufacturing and selling gumballs in Country X that are identical to those being manufactured and sold by Whopper. Whopper brings suit for patent infringement. Bubble countersues to have Whopper’s patent revoked. Who will win? Explain.
(Be sure to incorporate any relevant legal concepts and case law that may apply to this case.)