A competing company has had a patent approved with their method for face recognition. They wrote broad claims and since the current patent law, is the first to file, the patent was approved. My question is: Can a patent that contain well known techniques published in books and has been in the public domain 1 year before filing the patent be approved? If this company takes our company to court for patent infringement, and they loss in the litigation, do they have to pay the cost of our lawyers? thanks.

I am assuming you are in the US? I'll assume you are.

The fact that the patent has been approved proves that in the it can be, its a precedent and US law is precedent bound.

As for lawyers, no you'll have to pay for your own lawyers.

Answered 6 years ago

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