[patent]

So why is your name "patent"?

I’m a patent attorney.

Thsi guy developed HIS invented process to make the same dye.

So what? That he did it isn’t enough. He has to have done something that is patentably distinct from anything done before this. HE claims that he did not do so:

He explained to the British Association science festival in Salford, Greater Manchester, how he rediscovered the secret of imperial purple after studying the fermentation process of indigo pigments from the woad plant.

See that word, “rediscovered?” That is legally distinct from “invented.” If he tries to patent this now he will have to sign a document under oath stating he was the first to ever do this. How can he sign that document when he is publicly claiming that he is NOT the first to do it? I’d love to be on the other side of that case.

It involved a presumed different mollusk,

Not material. At best, this would give him a very narrow claim to the use of that mollusk only, given that he cannot claim the generic, and only the species. That would be a worthless patent. However, given his statements that all he has done is “rediscover” an old process, I’d be terribly surprised to see him even try to patent this.

If he did, he’s already explained the motivation to try what he tried, so obviousness is going to be easy.

and whatever other processes he invented without foreknowledge of a prior process.

Absolutely and positively irrelevant. Foreknowledge is relevant to copyrights, not patentability.

The original process is nowhere to be found.

????

Read the patent statute and tell me why this matters when he’s admitted this isn’t “new.”

He would therefore get the patent and would own the process that he created, developed, and outlined.

You are wrong. See above.

I know a little about patents, I have some, and many more in pre-grant publication at this moment.

You know a little. That hardly makes you qualified to opine on whether or not he would get the patent here. I mean no disrespect, but you are not familiar enough with the patent process to know if he could get one or not.

patent

[HighWheeler]

So how many patents do you have, in which you are an inventor? I'm at ten so far, so I know enough about them.

The writer's story said he "rediscovered" the secret, which is not necessarily the process. How does anyone know what the old process was? The secret was the source, which is still a secret since nobody knows for sure. If anyone already knew the old process, nobody would need to "rediscover" it, would they?

[1010RD]

It’s a common enough disease. A lot of people know just enough to get themselves in trouble by forming an opinion. Fools are often their own experts.