4 ms·

Sure it can. That happens when they try to leverage the patent, not when it's granted.

adriansd 12y ago
You mean when it gets challenged. Companies leverage their patents all day long without them being challenged for validity.
evanb 12y ago
That's right, now that the patent has been granted. But, in principle, if the patent office found prior art then it shouldn't have been granted in the first place.
- snarfy 12y ago
  Patent laws have changed. It's now first to file, not first to invent.
  - tjl 12y ago
    That's not the way it works. First to file vs. invent has to do with two independent inventors creating something and trying to file. If something has already been invented and is publicly available (patented or not), that's prior art and can invalidate the patent.
  - noonespecial 12y ago
    This isn't quite what most people think. Prior art still invalidates patents. "First to file" is merely the method now used to deal with two or more parties claiming to have invented a thing in secret who show up at the patent office more or less at the same time. Before, there used to be a trial type thing where the inventors presented lab notebooks and evidence to try to prove who was first. It was lengthy and expensive for all involved. First to file does not mean first to pluck some heretofore unpatented but well known already used technology from the field and run to the patent office.
- icebraining 12y ago
  That's right, now that the patent has been granted Has it? I understood it was still only a patent application.
amirmc 12y ago
That just underlines how broken the system is. As a sibling comment points out, patents can still go uncontested. Even worse is when small players end paying fees (because they can't affird lengthy litigation), which ends up supporting the patent.
- PythonicAlpha 12y ago
  Yes. And I am also upset, that a patent like this (when that what an other poster posted is complete) can go threw the patent process, because what the claims say is nothing more as an generic emulator that can emulate binary software of a different computer --- something that exists in hundreds or thousands of versions ... there exist at least three only for the C64 computer and this software is around for 20 years or so (Vice, one of those is ~21 years old).
- derf_ 12y ago
  The AIA now allows third parties to submit prior art before a patent is issued. The fine folks at http://www.pubpat.org/ http://www.pubpat.org/ might be able to help.
rasz_pl 12y ago
lol no, what will happen is a $500K lawyer bill for person fighting this patent.

You mean when it gets challenged. Companies leverage their patents all day long without them being challenged for validity.

evanb 12y ago

That's right, now that the patent has been granted. But, in principle, if the patent office found prior art then it shouldn't have been granted in the first place.

snarfy 12y ago
Patent laws have changed. It's now first to file, not first to invent.
- tjl 12y ago
  That's not the way it works. First to file vs. invent has to do with two independent inventors creating something and trying to file. If something has already been invented and is publicly available (patented or not), that's prior art and can invalidate the patent.
- noonespecial 12y ago
  This isn't quite what most people think. Prior art still invalidates patents. "First to file" is merely the method now used to deal with two or more parties claiming to have invented a thing in secret who show up at the patent office more or less at the same time. Before, there used to be a trial type thing where the inventors presented lab notebooks and evidence to try to prove who was first. It was lengthy and expensive for all involved. First to file does not mean first to pluck some heretofore unpatented but well known already used technology from the field and run to the patent office.
icebraining 12y ago
That's right, now that the patent has been granted Has it? I understood it was still only a patent application.

amirmc 12y ago

That just underlines how broken the system is. As a sibling comment points out, patents can still go uncontested. Even worse is when small players end paying fees (because they can't affird lengthy litigation), which ends up supporting the patent.

PythonicAlpha 12y ago
Yes. And I am also upset, that a patent like this (when that what an other poster posted is complete) can go threw the patent process, because what the claims say is nothing more as an generic emulator that can emulate binary software of a different computer --- something that exists in hundreds or thousands of versions ... there exist at least three only for the C64 computer and this software is around for 20 years or so (Vice, one of those is ~21 years old).
derf_ 12y ago
The AIA now allows third parties to submit prior art before a patent is issued. The fine folks at http://www.pubpat.org/ http://www.pubpat.org/ might be able to help.

rasz_pl 12y ago

lol no, what will happen is a $500K lawyer bill for person fighting this patent.