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scromar
searching PlanetScale…
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scromar
12y ago
This is true.
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scromar
12y ago
Just conjecture here, but my guess is that "Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology" means that Tesla is going to require these others who want to use the technology t
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scromar
12y ago
I see general concept and specific implementation as being on a spectrum. If an invention is sufficiently novel/nonobvious, I believe the inventor is entitled to a patent on the general concept. However, if the invention is an incremen
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scromar
12y ago
I posted a similar comment in the author's post, but I figure I'll post it here too in case anyone finds it useful. ---- I sympathize with the author's belief that many software patents are obvious, but as a practicing patent
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scromar
13y ago
Even if the inventor refuses to sign the declaration, if they have an obligation to assign and are truly an inventor, their name will appear on the face of the patent. There are procedures at the patent office for proceeding with getting a
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scromar
13y ago
That's one of the issues though. Which patents are the "truly new" ones and which are the "trivial ones"? It seems like many software patents seem obvious in hindsight, a few years down the road, but they were not obvious at the time of inv
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scromar
13y ago
That's not the right approach, because usually an employee has an obligation to assign the invention to their employer. Frequently it's not really up to the inventor whether or not a patent gets filed on a particular idea.
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scromar
13y ago
Also, a lot of times it is difficult to avoid hindsight bias. It may arguably seem obvious now, in 2013, but it is hard to say what would have been obvious in 2004. Nonobviousness is judged as of the filing date, a fact that many seem to fo
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scromar
14y ago
No, just all the elements of any one of the claims.
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scromar
14y ago
This is probably true, but remember that the single inventor has the option of publishing the invention rather than filing a patent application. The publication will then become prior art to any later filed patent application by another. Th
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scromar
14y ago
This may have been true many years ago, but today the term of a patent in the US is (with some exceptions) 20 years from filing. (See, http://www.uspto.gov/web/offices/pac/mpep/s2701.html )
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scromar
14y ago
Thanks for the feedback. I recognize that for many (all?) startups, legal issues are some of the last things that they want to have to deal with. We would make an effort to keep things interesting, brief, and pertinent. That is one of the r
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scromar
14y ago
Thanks for the feedback! Those are great ideas. And you're right, I should have noted in the OP that the focus would be on U.S. law. However, patent law and patent issues frequently cross borders today, so international issues should certai
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Ask HN: Any interest in a free course on patents and IP for startups?
15 points
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scromar
14y ago
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11 comments
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scromar
14y ago
Additional fee shifting information from a recent federal circuit ruling here: http://www.patentlyo.com/patent/2012/10/should-we-move-towar...
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scromar
14y ago
I don't think this is true in general. Most patents I have read have had very detailed descriptions of the invention. In fact, it is to the patentee's benefit to be as detailed as possible in describing the invention. It will be harder for
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scromar
14y ago
1. You are right, but there are both potential copyright and potential trademark infringement claims in this suit. 2. The right of publicity is recognized in many states, and may be implicated here. You could place it under the umbrella of
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scromar
14y ago
My wife has had two-factor authentication for at least a year, she only accesses gmail from her iPod touch and the browser on her laptop, and she had this happen to her about a month ago. No recourse. It came back eventually, but apparently
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scromar
14y ago
The x200s does not have the keyboard in question, it has the classic thinkpad keyboard. The new keyboard is seen on some new lenovo models, most notably the thinkpad edge series.
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scromar
14y ago
I was ready to pay, and then it asked me to put my credit card information into a non-secure page. Looking at the page source, it looks like they use Stripe for payments. Will the credit card details be transmitted encrypted once I press th
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scromar
14y ago
You are right. The fourth paragraph does give some teeth to the agreement. However, the broad language of the second paragraph still gives the assignee a lot of wiggle room to argue that they are not breaking any promises made.
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scromar
14y ago
Edit: Now I think I was wrong in this reply. I did not realize that paragraph 4 of the agreement gives the inventor the right to license the patent to another party to enforce the agreement. However, the broad language of the second paragra
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scromar
14y ago
Edit: I was wrong here, see the reply below. No, the inventors don't have the right to license the patents to whomever is being sued. The twitter agreement gives all rights in the patent to the assignee, just like any other assignment, but
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scromar
14y ago
Clarification to my reply above: I meant to say "opening statements", and "closing arguments", not the other way around. This is what they are are actually called, I'm not sure why I wrote it the other way. I hope this clarifies my meaning
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scromar
14y ago
During opening arguments, the lawyers are not supposed to argue. In other words, they are only supposed tell the jury what the evidence is going to show. However, there is an art to this, and there is obviously an element of persuasion in t
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scromar
15y ago
The author is wrong. This is not an issued patent, but rather the 18 month publication of an application submitted by Google. There is nothing significant about this.
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scromar
15y ago
My concern is whether the bulbs flicker in the the same way that LED backlit displays do when they are set at less than full brightness. I have found this effect to be migraine inducing when the frequency is too low. Does anyone know if thi