3 ms·
Is this "prior art", or evidence that the idea is "obvious" or "trivial"?
by bo1024 13y ago
Is this "prior art", or evidence that the idea is "obvious" or "trivial"?
- Natsu 13y agoWell, it would be evidence that the idea was trivial, but they just assume that everyone magically knows about the patents we're generally forbidden to read and they won't hold against a patent the fact that it's trivial in hindsight because that's to vague... so they let through a lot of silly patents instead.
- finnh 13y agoWhat do you mean "patents we're generally forbidden to read"? Patents are public domain.
- CurtHagenlocher 13y agoYou don't work for a large company that does software development, do you?
- duked 13y agoI do and what's said above is not the case in my company. When we submit a patent we actually have to do our own search for prior art (either published scientific papers, or patents) before some patent lawyer does its own patent search.
- nextweek2 13y agoThat is a very dangerous way to act. If you glanced at another patent. Then 6 months later create a similar sounding patent. File that and the original patent holder can claim you stole their idea. Weblogs would should you looking at it and a lawyer would have no problem saying the idea was stolen. You have no recourse to prove you did not copy the idea under the current system. The general rule for software developers/patents creators is NOT to look at someone else's work. Let a third party researcher do it and let them decide. As an inventor you have to have a clean room design.
- aidenn0 13y agoWillful infringement carries a higher penalty than non-willful, so a lot of large companies ask their SW engineers to not read patents.
- Natsu 13y agoMany people are forbidden due to the threat of treble damages for willful infringement. Also, they're completely useless, so there's almost no incentive in the first place. I haven't learned a single useful thing from any of the patents I've read, except contempt for the people who think it worth thousands in lawyers fees to patent something like doing email on a cellphone.