I've done a bit of research on "prior art" and as I suspected it's a red herring.
Prior Art is applicable in most patent jurisdictions including Canada's. It is actually something that Rotogro would have searched before making their patent application, this ensures no one else has "invented" your invention prior to you trying to patent it.
So Ravenquest would need to show their machine was invented before we
applied for the patent. Also what is important to realise is we are not patenting a rotary garden, that is too broad and some basic forms were around prior to ours.
What we have patented in the US & Canada is the cooling of the ducted tube, the stackability and the Co2 system. Not sure if RQB use the Co2, but they certainly have the ducted tube & stack them. I know the C02 wasn't mentioned in the announcement, however I believe that is one of the patented items.
The link below is one of many that explains prior art. Robinson seems to think it applies because he copied our machine before we received the patent. That's nonsense, prior art applies to the search we're required to do before we can apply for a patent. Our patent applies to all copies whether they were produced before we received the patent or after we received it. Robinson would need to prove he invented his machine before we applied for the patent. A bit hard when RQB is only a bit over 2 years old & our invention predates 2006.
https://www.ipwatchdog.com/2010/10/02/what-is-prior-art/id=12677/
