• squaresinger@lemmy.world
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    2 hours ago

    That logic applies identically to a valid patent.

    The difference is that in the case of transferring the patent to the university, there’s a legal department at the ready to defend the patent. The same is not the case for a disclaimed patent.

    • Devial
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      9 minutes ago

      Yes there is. Anyone can contest a patent based on prior art existing, you don’t need any personal relation to the prior art, and having one doesn’t strengthen your legal case. The university would have identical legal power to contest the new patent, on basis of the existing disclaimed patent.