Linked by Thom Holwerda on Thu 29th Jan 2009 16:10 UTC
Law and Order There has been a bit of a buzz lately surrounding some indeterminate patent threats going back and forth between Apple and Palm. Palm is about to launch the Pre, which supposedly could infringe on a number of iPhone patents. Both companies have stated that they will defend themselves against any possible patent infringements. Engadget enlisted the help of two patent attornies, and they took a good look at both sides and came up with some interesting results: while Palm could be infringing on Apple's patents, Apple sure as water is also infringing on a number of Palm patents. Still, that doesn't have to mean anything.
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capricorn_tm
Member since:
2005-12-31

*hmmm* Not sure I understand your lament. If I had the idea and patent it. Then why should someone else be able to R&D it and sell it? Surely if they had thought of it before me, they would have patented it? Is your argument that the first to a working prototype should get the patent... first to market or something else?



Because in the patent system it is not necessary to bring a working prototype at all, you just come with an idea.

If tomorrow I patent the idea of a microchip based on neural synaptic connections ( I'ma ST fan) and they grant me the patent, if someone else creates somethig like that he has to pay me royalties.

Mind me, I did not bring a Chip, I just patented the idea that is how patents work.

For a brevet you have to bring a working prototypes and that stops the scamming.

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nevali Member since:
2006-10-12

You don't have to build a prototype, but you are supposed to give clear instructions such that "somebody skilled in the art" can build whatever your thing is.

Unfortunately, patent examiners can't exactly be hugely knowledgeable across all of the fields things can be patented in, so what happens is that the whole thing gets dealt with in courts instead.

As a result, what was a relatively fair system when it applied solely to mechanical inventions is now a hugely unfair system tilted in favour of those with the best lawyers.

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