Wednesday, February 25, 2015
Anticipation and Obviousness in Cup Sleeves
When looking at all of these patents, it is hard to not come to the conclusion that many of these patents could have been covered by one or that they might even infringe on each other. However, they do not infringe upon each other otherwise the patent would not have passed the inspector. In my opinion, many of these had to be anticipated by someone prior. For example, US Patent 6343735 B1 which is the insulating sleeve was created in the year 2000 but covers nearly all of the later patents. An insulating sleeve should insulate from both hot and cold beverages. However, we see that just a year ago this patent was approved regarding a specific hot and cold beverage sleeve. Also, the protective sleeve takes the insulating sleeve and replicates it only switching the verbs in my opinion. An insulating sleeve should also be a protective sleeve if it functions properly. The obviousness in that is quite clear to me however, to others it might not be an obvious extension. Overall, these patents seem too eerily similar to me to pass an inspector who is certified in this yet they all became patents to be filed and kept for 20 years.
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Hi Kyle,
ReplyDeleteI think you commentary on this is really interesting. Until the assignment I wasn't aware that there were so many patents on Cup & Sleeve technology, but if they weren't "different" enough, they would not pass the patent inspection.