PERILS OF PATENTING THE INDUSTRY STANDARD.(tips for avoiding problems with estoppel)

The legal term that is used where something prevents the assertion of an otherwise legal right, is estoppel. When the estoppel arises out of the unfair activities of the party asserting its rights, the law refers to it as an equitable estoppel. Courts have provided some general guidelines for applying the doctrine of equitable estoppel in patent disputes. An example is given the case of Stambler v. Diebold Inc., and ramifications are explained for patent applicants who may be involved in a standards-setting organization.