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 MattAll noise, no signal.Premium
join:2003-07-20
Jamestown, NC
kudos:12 | Re: How can you patent something you did not invent??? Even if you had the capability to do this on a computer pre-1998, it wasn't widespread enough to deny the patent. | |
|   jmn1207Premium
join:2000-07-19
Ashburn, VA | Re: How can you patent something you did not invent??? If Paris Hilton can patent the phrases "That's Hot" and "That's Huge", I wouldn't be surprised if we all don't end up paying for a patent on breathing air. Every time we take a breath, we owe another nickel. Yikes!  | |
|  GooberPremium
join:2000-12-17
Naperville, IL
kudos:4 | said by Matt:Even if you had the capability to do this on a computer pre-1998, it wasn't widespread enough to deny the patent. That's not how the patent system works. | |
| | MattAll noise, no signal.Premium
join:2003-07-20
Jamestown, NC
kudos:12 | Re: How can you patent something you did not invent??? said by Goober:said by Matt:Even if you had the capability to do this on a computer pre-1998, it wasn't widespread enough to deny the patent. That's not how the patent system works. Yes, it is. The first person to patent an idea is the one awarded the rights to it. However, if an idea is widespread or considered too common or already in widespread usage, you can't patent it. Unless of course you improve upon the common use that is. | |
| | | GooberPremium
join:2000-12-17
Naperville, IL
kudos:4
2 edits | Re: How can you patent something you did not invent??? said by Matt:said by Goober:said by Matt:Even if you had the capability to do this on a computer pre-1998, it wasn't widespread enough to deny the patent. That's not how the patent system works. Yes, it is. The first person to patent an idea is the one awarded the rights to it. However, if an idea is widespread or considered too common or already in widespread usage, you can't patent it. Unless of course you improve upon the common use that is. My point was that your comment implies that prior art has to be in widespread use to deny a patent. That's not true.
Also, the USA is a first to invent country, not a first to file. So, your follow up comment is inaccurate also. | |
| | | | MattAll noise, no signal.Premium
join:2003-07-20
Jamestown, NC
kudos:12 | Re: How can you patent something you did not invent??? said by Goober:My point was that your comment implies that prior art has to be in widespread use to deny a patent. That's not true. Also, the USA is a first to invent country, not a first to file. So, your follow up comment is inaccurate also. My comment is true, but not an absolute. There are many reasons to deny a patent, but if DVR technology was as widespread and as common as the previous poster claimed, then the TiVO patent would have been denied.
And yes, I realize we are a first to invent country. But if no one else can prove prior work or bothers to even file, then the point is moot. In this case, obviously, no one did. | |
| | | | | GooberPremium
join:2000-12-17
Naperville, IL
kudos:4 | Re: How can you patent something you did not invent??? said by Matt:said by Goober:My point was that your comment implies that prior art has to be in widespread use to deny a patent. That's not true. Also, the USA is a first to invent country, not a first to file. So, your follow up comment is inaccurate also. My comment is true, but not an absolute. There are many reasons to deny a patent, but if DVR technology was as widespread and as common as the previous poster claimed, then the TiVO patent would have been denied. And yes, I realize we are a first to invent country. But if no one else can prove prior work or bothers to even file, then the point is moot. In this case, obviously, no one did. Your original statement(s) as it stands is misleading/incorrect.
I don't know enough about the Tivo situation and the dates to comment on that specifically. They very well may have gotten their patents because they were able to show inventor's notebooks with conception dates prior to other parties' claims or showings of prior use/art. | |
| | | | | | MattAll noise, no signal.Premium
join:2003-07-20
Jamestown, NC
kudos:12 | Re: How can you patent something you did not invent??? said by Goober:Your original statement(s) as it stands is misleading/incorrect. You and I constantly have this problem. My statement is not misleading nor incorrect. Your interpretation of it is incorrect.
I can't possibly structure everything I post in such a way that it covers every possible interpretation that someone may read into it. So let's just agree to disagree and if you think my statement is misleading or incorrect, instead of simply stating that which doesn't help anyone understand why you feel it is incorrect or misleading, how about you provide clarification and or supporting material? Otherwise, it looks like you're just trolling. | |
| | | | | | | GooberPremium
join:2000-12-17
Naperville, IL
kudos:4
2 edits | Re: How can you patent something you did not invent??? LOL.
In 15 years the patent office has never called me a troll, but you are?
»www.uspto.gov/web/offices/pac/mp···_102.htm
35 USC 102(a) and 102(f) address your first set of comments regarding prior use and 102(g) addresses the last regarding first to invent.
Read the statutes and learn something. | |
| | | | | | | | MattAll noise, no signal.Premium
join:2003-07-20
Jamestown, NC
kudos:12 | Re: How can you patent something you did not invent??? said by Goober:LOL. In 15 years the patent office has never called me a troll, but you are? » www.uspto.gov/web/offices/pac/mp···_102.htm35 USC 102(a) and 102(f) address your first set of comments regarding prior use and 102(g) addresses the last. Read the statutes and learn something. Thanks, now we can have a constructive discussion. The first part of your link supports what I was stating. If the technology was in widespread use, a patent can be denied.
35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.
A person shall be entitled to a patent unless -
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States, or
So, as I stated, if the technology was in widespread use, a patent would most likely not be granted. However, in the case of TiVo, I believe their patent (as others have stated) is an improvement upon simple DVR features and is broad enough to cover pretty much any implementation of a record and watch system. | |
| | | | | | | | | GooberPremium
join:2000-12-17
Naperville, IL
kudos:4
1 edit | Re: How can you patent something you did not invent??? It does not have to be widespread use. What don't you understand about that being an incorrect statement?
Also, section b doesn't apply here. That's the on-sale bar exclusion. | |
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