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Sad to see this is the top HN story. The fact that this seems to be being taken seriously here is crazy. Obviously, a patent of someone else's design, no matter

by jrmg 14y ago

Sad to see this is the top HN story. The fact that this seems to be being taken seriously here is crazy. Obviously, a patent of someone else's design, no matter how it was come by, is not a valid one. [Decline of HN, jumping the shark, get off my lawn etc.]

marme 14y ago
unfortunately in china patenting someone elses design is valid and will result in apple having to settle with them. The rules and laws in china are very lax and poorly enforced especially when foreign companies go to court with local companies. Just look at what happend with proview and apple a few month ago over the ipad trademark
- jrmg 14y ago
  Can you provide evidence that "patenting someone elses design is valid" in China? Lacking it, I find it very hard to believe that there's a patent system anywhere that doesn't require you to attest that the thing your applying to patent was invented by you. The Proview case is a tangent - Proview (claimed to?) have had the iPad trademark (not patent, but ignoring that...) since 2000, well before Apple. From what I've read, the lawsuit was about whether Proview had in the past sold the Chinese rights to it Apple or not.
  - tsahyt 14y ago
    > very hard to believe there's a patent system anywhere that doesn't require you to attest that the thing your applying to patent was invented by you. 11 years ago a man from Australia patented the wheel. It's obvious he didn't invent it. You can basically patent anything in some countries as long as there's not yet an existing patent.
    - jrmg 14y ago
      Presuming this is not just an urban legend, being granted a patent doesn't mean it's valid. No one who managed to get a patent on the wheel would be able make it stand up in any court.
      - tsahyt 14y ago
        Source: http://www.newscientist.com/article/dn965-wheel-patented-in-australia.html http://www.newscientist.com/article/dn965-wheel-patented-in-... Seems legit. But you're right, it won't stand up in any court.
        gst 14y ago
        It won't? Let's assume it comes to a Jury trial and we get another Jury that doesn't need to look at prior art. I don't mean that as a joke. If it's possible to trick a patent examiner by making complets so complicated that he doesn't understand them, why shouldn't it be possible to trick a Jury?
      - politician 14y ago
        One typically has to pay to seek remedy from a court.
      - deleted 14y ago
        [deleted]
    - Natsu 14y ago
      In the US, a stick was patented. To be precise, "An apparatus for use as a toy by an animal, for example a dog, to either fetch carry or chew includes a main section with at least one protrusion extending therefrom that resembles a branch in appearance." http://www.google.com/patents/US6360693 http://www.google.com/patents/US6360693 It was issued on Mar 26, 2002. It had an interesting history after being issued, too.
    - deleted 14y ago
      [deleted]
josteink 14y ago
I see it as the the cult of Apple's totalitarian grip on HN-discussion finally letting go. It's already a few years past due.
- Uchikoma 14y ago
  When was that? Could you quote some threads from the past that display "Apple's totalitarian grip on HN-discussion"?
  - josteink 14y ago
    Sorry, but I don't feel like hunting specific threads. I just remember back in the days (before I quit HN and then later rejoined) people would get down-voted to heck for speaking against Apple, people would get slow-banned and people would get stern emails from PG if they spoke too crossly against Apple when Apple did all the questionable things Apple constantly does. You take my word for it or not. I think it qualifies as "cult of Apple's totalitarian grip on HN-discussion".
    - wmeredith 14y ago
      I'd also like too see some links. I've been here for years and don't recall anything like that.
    - Uchikoma 14y ago
      Ah anecdotes, the facts of the internet. I'm only 1135 days here, this must have happened before my time on HN. Wished I'd experienced the "stern emails from PG". "You take my word for it or not." Well, not. Sorry, too much science education to think anecdotes are relevant in any way.
      - Karunamon 14y ago
        So are you calling him a liar or not?
        14y ago

by jrmg 14y ago

marme 14y ago

unfortunately in china patenting someone elses design is valid and will result in apple having to settle with them. The rules and laws in china are very lax and poorly enforced especially when foreign companies go to court with local companies. Just look at what happend with proview and apple a few month ago over the ipad trademark

jrmg 14y ago
Can you provide evidence that "patenting someone elses design is valid" in China? Lacking it, I find it very hard to believe that there's a patent system anywhere that doesn't require you to attest that the thing your applying to patent was invented by you. The Proview case is a tangent - Proview (claimed to?) have had the iPad trademark (not patent, but ignoring that...) since 2000, well before Apple. From what I've read, the lawsuit was about whether Proview had in the past sold the Chinese rights to it Apple or not.
- tsahyt 14y ago
  > very hard to believe there's a patent system anywhere that doesn't require you to attest that the thing your applying to patent was invented by you. 11 years ago a man from Australia patented the wheel. It's obvious he didn't invent it. You can basically patent anything in some countries as long as there's not yet an existing patent.
  - jrmg 14y ago
    Presuming this is not just an urban legend, being granted a patent doesn't mean it's valid. No one who managed to get a patent on the wheel would be able make it stand up in any court.
    - tsahyt 14y ago
      Source: http://www.newscientist.com/article/dn965-wheel-patented-in-australia.html http://www.newscientist.com/article/dn965-wheel-patented-in-... Seems legit. But you're right, it won't stand up in any court.
      - gst 14y ago
        It won't? Let's assume it comes to a Jury trial and we get another Jury that doesn't need to look at prior art. I don't mean that as a joke. If it's possible to trick a patent examiner by making complets so complicated that he doesn't understand them, why shouldn't it be possible to trick a Jury?
    - politician 14y ago
      One typically has to pay to seek remedy from a court.
    - deleted 14y ago
      [deleted]
  - Natsu 14y ago
    In the US, a stick was patented. To be precise, "An apparatus for use as a toy by an animal, for example a dog, to either fetch carry or chew includes a main section with at least one protrusion extending therefrom that resembles a branch in appearance." http://www.google.com/patents/US6360693 http://www.google.com/patents/US6360693 It was issued on Mar 26, 2002. It had an interesting history after being issued, too.
  - deleted 14y ago
    [deleted]

josteink 14y ago

I see it as the the cult of Apple's totalitarian grip on HN-discussion finally letting go. It's already a few years past due.

Uchikoma 14y ago
When was that? Could you quote some threads from the past that display "Apple's totalitarian grip on HN-discussion"?
- josteink 14y ago
  Sorry, but I don't feel like hunting specific threads. I just remember back in the days (before I quit HN and then later rejoined) people would get down-voted to heck for speaking against Apple, people would get slow-banned and people would get stern emails from PG if they spoke too crossly against Apple when Apple did all the questionable things Apple constantly does. You take my word for it or not. I think it qualifies as "cult of Apple's totalitarian grip on HN-discussion".
  - wmeredith 14y ago
    I'd also like too see some links. I've been here for years and don't recall anything like that.
  - Uchikoma 14y ago
    Ah anecdotes, the facts of the internet. I'm only 1135 days here, this must have happened before my time on HN. Wished I'd experienced the "stern emails from PG". "You take my word for it or not." Well, not. Sorry, too much science education to think anecdotes are relevant in any way.
    - Karunamon 14y ago
      So are you calling him a liar or not?
      - 14y ago