Comments on: What Happened to Prior Art? http://www.coyoteblog.com/coyote_blog/2005/08/what_happened_t.html Dispatches from a Small Business Sun, 12 Feb 2012 09:39:47 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Glen Raphael http://www.coyoteblog.com/coyote_blog/2005/08/what_happened_t.html/comment-page-1#comment-1632 Glen Raphael Sat, 20 Aug 2005 22:51:08 +0000 http://coyote-blog.com/wordpress/2005/08/what_happened_t.html#comment-1632 <p>The reason the article is mystifying is that it's bogus. It's groundless speculation by some reporter, reprinted as fact by other reporters. </p> <p>(1) Microsoft's patent hasn't been approved yet either and might still be rejected for the same reason (prior art)<br /> (2) iPod doesn't clearly infringe Microsoft's patent.<br /> (3) Even if it did, Microsoft hasn't filed a lawsuit and isn't likely to. </p> <p>So sure, Apple /may/ be forced to pay and the total /could/ be millions of dollars. And monkeys /may/ fly out of my butt. Or not.</p> The reason the article is mystifying is that it’s bogus. It’s groundless speculation by some reporter, reprinted as fact by other reporters.

(1) Microsoft’s patent hasn’t been approved yet either and might still be rejected for the same reason (prior art)
(2) iPod doesn’t clearly infringe Microsoft’s patent.
(3) Even if it did, Microsoft hasn’t filed a lawsuit and isn’t likely to.

So sure, Apple /may/ be forced to pay and the total /could/ be millions of dollars. And monkeys /may/ fly out of my butt. Or not.

]]> By: markm http://www.coyoteblog.com/coyote_blog/2005/08/what_happened_t.html/comment-page-1#comment-1631 markm Sat, 20 Aug 2005 16:52:16 +0000 http://coyote-blog.com/wordpress/2005/08/what_happened_t.html#comment-1631 <p>Chris: Maybe the PTO needs to go back to requiring working models.</p> Chris: Maybe the PTO needs to go back to requiring working models.

]]> By: Chris Fritz http://www.coyoteblog.com/coyote_blog/2005/08/what_happened_t.html/comment-page-1#comment-1630 Chris Fritz Tue, 16 Aug 2005 05:56:54 +0000 http://coyote-blog.com/wordpress/2005/08/what_happened_t.html#comment-1630 <p>The big problem I see is that companies are patenting concepts rather than implementations. If I understand patenting correctly, you're supposed to patent an implementation. You're supposed to patent your design of a mouse trap, and the US Patent Office is letting Microsoft, Apple, and others patent "any method of capturing a small mammal." Then something happens where a big company can sue a small company for infringing on one of its thousands of patents on a "concept"! I'm a capitalist, but I'm against this method of maintaining a monopoly, or status above upstarts.</p> The big problem I see is that companies are patenting concepts rather than implementations. If I understand patenting correctly, you’re supposed to patent an implementation. You’re supposed to patent your design of a mouse trap, and the US Patent Office is letting Microsoft, Apple, and others patent “any method of capturing a small mammal.” Then something happens where a big company can sue a small company for infringing on one of its thousands of patents on a “concept”! I’m a capitalist, but I’m against this method of maintaining a monopoly, or status above upstarts.

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