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- how strange is it? btw, no mention in patent reform act
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no ... read the patent and the claims ... not "just a link"
everything manufactured can be reduced to code ...
just because a physical process is replaced by a machine-coded process does not
change the novelty or nonobviousness of the invention ...
a patent typically results in something useful, concrete and tangible ... was the
invention these things? did the process being used result in these things?
apparently or they would not have gone to trial and WON ...
should pharma/drugs be patentable by the same reasoning? aren't drugs
configured like code is configured?
btw, msft is not challenging validity, they are challenging treble damages which
relates to "willful infringement" -- a judge and jury determined they knew they
were infringing and kept on at it ...
and, while they are pushing for the patent reform act of 2007 (senate bill S. 1145)
there is NO mention of software or business method patents ... now, why would
that be?
look and feel? like a picture or a song ... that would be copyright ... or even a
trademark
read the patent, focus on the claims which are the "metes and bounds" and then
look at what you do all day and consider if what you do is useful, concrete and
tangible ... and novel and nonobvious ...
nobody makes anything and more in the sense you are framing your question ...
and the patent office does not hand out the patent, there is a search and
examination, there is certainly re-exam and third party challenges which are open
to anyone willing to challenge
the applicant pays his way, he must provide a best mode and full support of the
disclosure to serve a public notice function ... in return hwe may exclude other
from practicing the claims AS WRITTEN and INTERPRETED (which of course may
change between the inventor, his attorney, the examiner, his primary, the
opponent, the attorneys, the judge, the jury, the next level of judges, and jury) and
then pays his way at trial and then after a long and expensive process (avg 5 mil)
justice is applied ... that seems fair ...
copyright is a registration fee of about 50 bucks and a successful assertion of
infringement is an immediate statutory fine ... for music say 100K per song ...
additional damages are then decided in court ... the copyright lasts for about 75
years and that seems fair? - Posted by: moskowitzs Posted on: 02/27/08 You are currently: a Guest | Members login | Terms of Use
What do you think?
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