To view parent comment, click here.
To read all comments associated with this story, please click here.
I'm no lawyer, and certainly this may differ depending on the country, but certainly in the UK previous disclosure can invalidate a patent, independent of who patented it first.
Basically, if the information is made public before being patented, it can't then be patented by anyone.
This is actually really important, since part of the point of a patent is to act as an incentive to publicly document your invention (for the benefit of society). If an idea is already public, there's no need for the government to provide this incentive.
That's why NDAs are so common: they protect companies against an idea being made public and therefore becoming unpatentable.
I think the law in the US is slightly different in that there's a one-year window after public disclosure within which you're still able to patent something, although the spirit is similar. As I said, I'm not a lawyer though.




Member since:
2006-01-24
I think that is only the case if it was patented by someone else, if apple have patent, then they owe the patent.
Might be wrong.