On Tuesday, the U.S. Patent and Trademark Office (USPTO) reaffirmed Microsoft's FAT patents (covering the File Allocation Table), but sources close to the Public Patent Foundation indicate that this is not the end of the story of efforts to overthrow these patents. According to sources cited by Linux-Watch.com, the re-issuance of the patent was based on the examiner's having accepted an argument previously advanced by Microsoft, and previously rejected.
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Member since:2005-10-02
Member since:2005-09-19
I don't pretend to understand the US Patent system, but it certainly seems unfair for the to allow a patent to be issued after it has become a widely used standard by third parties.
To be fair to MS, they apprently have tried to patent it previously, and I don't blame them for trying again. It is the patent office that I feel has acted badly here.
Member since:2005-12-31
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I don't pretend to understand the US Patent system, but it certainly seems unfair for the to allow a patent to be issued after it has become a widely used standard by third parties.
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I think there is a concept in USA law (probably derived from UK law) called "Latches." The idea behind latches is: if you have a complaint, you are required to take action within a reasonable time, you can not just sit around and for a more opportune time.
For example, if somebody is building on your property, and you know it, you have to take action right away. You can't just wait until the building has finished.
In theory, the law is supposed to provide justice, not a tool to beat up your competitors.
Of course, the law doesn't usually apply to msft.
Member since:
2005-07-10
Most likely because they would be able to ensure that the file system was widely adopted for all kinds of devices, thus ensuring a solid stranglehold on the market. Claiming that this is just a defensive measure doesn't hold either, since they're already collecting royalties on the patent. I really can't see any other reason for delaying for so long.