Re: Hardware Patent Question

Walter Lundby (lundbys@xnet.com)
Sat, 17 Oct 1998 01:25:25 -0500


Enrique I.R. wrote:

> On Mon, 12 Oct 1998 20:26:54 +1300, Chris Wedgwood <chris@cybernet.co.nz> wrote:
>
> >Providing you don't violate the patent or any copyright laws (are
> >parents documents copyright USPO?) you should be OK.
> >
> >(Actually, I'd like to know if the patent provides enough information
> >to write a driver, in theory it should, but in practice I suspect
> >many don't).
>
> You're right. Actually, the patent is intended to legal interpretation. Is not a
> technical description.

It is even worse than that! There are such animals as Top Secret Patents.
(An Oxymoron if ever there was). You do not get to see the abstract, title
or claim of these but are in legal trouble if you violate. [LIFE IS OFTEN
VERY UNFAIR] When the claim is secret but expired it is not clear to
me what your legal status is. Also, when you can not see it, it is damm hard
to work around!

Standard practice in many large firms with a patent is as follows:
1) Engineer submits an idea to a patent committee at the firm.
This may be: working, in-progress or just an idea.
2) Committee is made up of:
a) engineers and scientists skilled in the arts.
These folks determine wisdom, ability, use etc....
b) business reps
Will it be something that we will ever need to defend or
sell rights to? Could we make money doing it?
c) business legal
Could it cause our folks legal headaches such as endless court
appearances as expert witnesses?
d) patent lawyers
How patentable?
How wide can the claim be made (i.e. cover how much design space)?
How defensible?
Tradability of rights with current competitors. (value as script)
3) Filing of patent.
4) Trading IP and generating good PNL for the IP group.

NOTE that WIDER and MORE NEBULOUS is more Valuable.
Therefore an exact technical description is a bad patent as it is too
easy to work around and generates too little money.

>
>
> (for USENET postings) Delete 'NOSPAM' from my e-mail to reply.
> -----------
> Enrique I.R. - Freelance developer.
> Gran Canaria. Spain.
>
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