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Article #74621Soft patents and so on...
From: cs450a03
Date: Sat, 16 Mar 1991 23:44
Date: Sat, 16 Mar 1991 23:44
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1962 bytes
After following the discussion on software patents, I've a few comments to make. First off, if you ever wind up in court about a patent, DO NOT claim "it's obvious". Most judges don't think of computer design as being obvious. Instead, claim "prior art". That's a claim is provable. Second, when claiming prior art, you don't have to limit yourself to high-end computer systems. If you can show examples in other fields (say butterfly collecting, spray painting, brick laying, or whatever), you can often show that a TECHNIQUE (and often an APPLICATION) was in use before the patent application. Finally, in the case of the AT&T patent, terminals with display screens, keyboards, graphical input devices, and clipping regions were in use back in the '70s (I remember seeing them at a Tektronix plant). On the other hand, I'm not totally sure that a device has been built which has all the characteristics of that patent claim (simultaneous update? Brings to mind the difference between multi-programming and multi-processing.) Judges aren't stupid. Give them a convincing, objective argument, and it's quite possible (likely? that depends) they'll decide the case in your favor. Unfortunately, many people don't, even when they're right. And judges are NOT omniscient. Raul Rockwell
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,65a66d71c78d0405,start X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1991-03-17 04:22:20 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!mcsun!sunic!uupsi!rpi!zaphod.mps.ohio-state.edu!sdd.hp.com!spool.mu.edu!news.nd.edu!mentor.cc.purdue.edu!purdue!haven!ni.umd.edu!uc780.umd.edu!cs450a03 From: cs450a03@uc780.umd.edu Newsgroups: gnu.misc.discuss Subject: Soft patents and so on... Message-ID: <16MAR91.23445494@uc780.umd.edu> Date: 16 Mar 91 23:44:54 GMT Sender: usenet@ni.umd.edu (USENET News System) Organization: The University of Maryland University College Lines: 27