9 ms·
IANAL, but it looks like he might have a case for prior art, if he published his methods prior to patent being issued. http://www.ipwatchdog.com/inventing/prio
by FahnRobier 17y ago
IANAL, but it looks like he might have a case for prior art, if he published his methods prior to patent being issued.
http://www.ipwatchdog.com/inventing/prior-art/ http://www.ipwatchdog.com/inventing/prior-art/
Still, this puts the burden of proof on the person claiming prior art. I'd like to see a reform of patent law that would make the infringing patent holder responsible for the legal fees for proving the prior art, if it's valid.
That would:
1. Force the potential infringer to do a more rigorous search prior to filing the patent.
2. Gives the person with prior art a little more leverage in negotiations.
Am I misguided?
- eru 17y agoDoes the author live in the US? As far as I know e.g. European patent law does require not only prior art but also prior publication.
- gridspy 17y agoWho is going to publish something that they consider obvious?
- eru 17y agoAn example: Page numbers are considered obvious nowadays, but they are still in a lot of published works.
- gridspy 17y agoCan you name a recent published work wherein the subject is page numbering?
- eru 17y agoDoes this matter? Any book will serve as published prior art against a patent on page numbering. It does not have to be the main subject.
- gridspy 17y agoMy point is that there are many small problems which we solve as engineers every day that are too trivial to publish in a paper. It is all well and good until some moron (genius?) comes along and patents these simple ideas.
- fatdog789 17y agoPublication is a fancy way of saying dissemination. A blog post, a source-control commit to a public repository, a public presentation, all qualify as "publication".