Patent process: was: Unibus / Qbus bus drivers and receivers

From: Craig Smith <ip500_at_home.com>
Date: Fri Jun 29 21:35:38 2001

"Clint Wolff (VAX collector)" wrote:
> The patent protects a very specific portion of the idea, and all
> possible implementations of that portion.
> A microprocessor isn't patentable. A nifty way of using a stack
> for floating point registers is patentable (one of Intel's '387
> patents, IIRC). That is why the Weitek math coprocessor wasn't
> very popular. It was different from the '387.
>
> You can't get a patent on something that is in the public
> domain, or has shipped in a commercial product (even your
> own). You can't get a patent on anything published, so most
> of the technology from schools is available for free, though
> many are starting to create their own patent portfolio for
> additional revenue. You can't get a patent on anything the
> government paid to help develop.
>
> You can get a patent on stupid stuff if you are lucky and
> the examiner isn't skilled in the art. The Y2K fix of adding
> an offset to the year is a good example.

        Here you have hit the nail squarely on the head! In fact you can get a
patent on damn near anything [assuming you draw the claims narrowly
enough] ... The PTO [Patent and Trademark Office] can't even begin to
keep abreast of the state of the art. Unlikely that the "best and the
brightest" are opting for Gov't service in a cubicle at the PTO.
HOWEVER,
getting the patent issued is only your ticket to the "E ride" as it
were.
Once issued it is only worth more than the paper its printed on AFTER it
has successfully been defended in an infringement suit, preferably
several times. Makes it tough on the little guy with limited legal
resources. The easiest thing to do is go ahead and "steal" the idea,
produce the product and just say "so, sue us" in response to a demand to
stop. A good attorney can tie it up in litigation for longer than the
product life cycle! The patent doesn't give anyone the right to make a
product ... ONLY the right to EXCLUDE others from making and/or using
the idea.
        2 cents worth from a guy who USED to be in that nasty biz,
        Craig
Received on Fri Jun 29 2001 - 21:35:38 BST