5 ms·

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

by 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]

by marme 14y ago

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]