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You can't patent something that has been publicly disclosed, including disclosure by yourself. Commercial use counts as disclosure. This was filed June 18, 200
by 10ren 17y ago
You can't patent something that has been publicly disclosed, including disclosure by yourself. Commercial use counts as disclosure.
This was filed June 18, 2004, so given the one year grace allowed under US law, if Google made commercial use of this system before June 18, 2003, then they cannot patent it.
I'm pretty sure Google used distributed map-reduce from the beginning... so I'm thinking that this patent must cover a refined method that differs in some way from their initial approach.
It's a lot of work to read and understand a patent (I spent a couple of days on one this week), so if anyone else wants to do so and let us know what the patented algorithm actually is...
- WalterGR 17y ago> You can't patent something that has been publicly disclosed, including disclosure by yourself. Commercial use counts as disclosure. Incorrect. IANAL, so I will not attempt to correct you. I suspect YANAL either.
- cromulent 17y agoIt seems to be true in the US. "If the invention has been described in a printed publication anywhere, or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country, a patent cannot be obtained." http://www.uspto.gov/web/offices/pac/doc/general/index.html#novelty http://www.uspto.gov/web/offices/pac/doc/general/index.html#...
- WalterGR 17y agoYear-to-file is obviously different than cannot-file.
- cromulent 17y agoIt's in the same section. "if it was known or used by others in this country before the date that the applicant made his/her invention, a patent cannot be obtained". Mind you, they don't seem to apply this very consistently.
- WalterGR 17y agomaking an invention != disclosure != filing != obtaining a patent. I was originally pointing out a fact lest others be led astray, but I'm not going to reply further.
- cromulent 17y agoI don't think anyone would doubt your inequation. However, 10ren's statement seems to be backed up pretty well by the USPTO site - if you have already gone public or sold your invention, no patent for you. I'm not sure why you think it is incorrect. Cheers
- WalterGR 17y agoRereading the thread, I think I misunderstood 10ren's point. I think we are all actually in vehement agreement. :) Apologies.
- tybris 17y agoThe original MapReduce paper was published in December 2004. 6 months after the patent was filed.
- deleted 17y ago[deleted]
- Todd 17y agoYou may apply for a US patent within the first year after the invention was made publicly known (e.g., published). If you intend to file foreign patents, the invention must not be made publicly known before filing abroad. You have one year from the date of filing your US patent to file your foreign application(s). So public disclosure prior to filing will only stop foreign applications.