From: Anne P. Mitchell, Esq. <amitchell(_at_)isipp(_dot_)com>
Sent: September 25, 2004 3:29 AM
I believe that modernly this exists in U.S. law primarily,
if not only, in areas relating to contract, and I think
that anyone would be hard pressed to classify this as a
contract situation. I'm fairly certain that it does not
apply in the patent arena. I'm *certain* that the patent
bar is not one of equity, although of course post patent
approval you then end up in a Federal court to litigate
infringement claims.
Out of interest, I did a bit of online reading.
It appears an attempt to patent an industry standard can be
tricky.
Apparently, representations made about the scope of the
patent relied upon during the standards process can
invalidate a patent.
(I write apparently, because I am not an attorney.)
As Anne points out this final determination would only
occur during an infringement case.
This article provides some comment and may help to further
explain matters.
Perils of Patenting the Industry Standard
http://www.memagazine.org/backissues/may01/departments/prospeak/p
rospeak.html
John
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