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Apple Sued For Using Tabs In OS X Tiger
- Thread starter w1z4rd
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koffiejunkie
Executive Member
Correct me if I'm wrong: A patent is for the method of doing someing. How it is done. Which, presumably, is a secret. Once someone else figures out how to do the same thing, the patent becomes invalid.
As far as I remember this is why some of the code examples in the SCO/IBM case were thrown out - because they were found to "the normal way" of doing certain things.
As far as I remember this is why some of the code examples in the SCO/IBM case were thrown out - because they were found to "the normal way" of doing certain things.
I would love to get some confirmation on this... very interesting koffie...
koffiejunkie
Executive Member
Unless the patent is not on the IP. But then I'm not sure if you can patent an outcome.
doobiwan
Executive Member
@koffie - absolutely the wrong way around 
A patent is basically a public filing of a trade secret but which gives the patent holder 14 years exclusive use of that "whatever". Companies patent idea's so that they don't have to keep them secret in the hope that they can license the technology to other companies for a royalty fee.
Having said that the principle of patents cannot be applied to "common knowledge", if somethings use is obvious, or there is prior use of it you can't patent it. However, the kicker is that American patent policy allows you to patent virtually anything, even the above, and leaves it up to the courts to decided if the patent is actually valid, which in my book is just rediculous.
A patent is basically a public filing of a trade secret but which gives the patent holder 14 years exclusive use of that "whatever". Companies patent idea's so that they don't have to keep them secret in the hope that they can license the technology to other companies for a royalty fee.
Having said that the principle of patents cannot be applied to "common knowledge", if somethings use is obvious, or there is prior use of it you can't patent it. However, the kicker is that American patent policy allows you to patent virtually anything, even the above, and leaves it up to the courts to decided if the patent is actually valid, which in my book is just rediculous.
alma-tadema
Active Member
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Well patents was usually reserved for clever inventions that solved a problem...
For example the cotton gin. It removed seeds from the cotton, the patentholder only had a right too the method and invention itself, everybody else was free to use their slaves to manually pick it clean or invent some other type of process.
It had too involve some clever new method and process that involved significant development and labour to realise.
Of course today especially you can actually patent a "business process" like selling spring water that is realy tap water... really if someone else didn't come up with it before you it is "yours". Every trivial idea is literally "patentable".
For example the cotton gin. It removed seeds from the cotton, the patentholder only had a right too the method and invention itself, everybody else was free to use their slaves to manually pick it clean or invent some other type of process.
It had too involve some clever new method and process that involved significant development and labour to realise.
Of course today especially you can actually patent a "business process" like selling spring water that is realy tap water... really if someone else didn't come up with it before you it is "yours". Every trivial idea is literally "patentable".