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|3/8/2004 7:10 PM|
||Re: What will he think of next?|
"novel and specific design"???
If you think that the patent in question fits that definition then you can't have been a tubehead very long...
That's WHY so many of us are disgusted!
|3/8/2004 8:12 PM|
I have seen this discussion going on now and then on Ampage.
I worked at a patent laywer firm for some time, so here are my thoughts.
This applies to the European/german patent law, but should be the same in the US.
"Prior art" is everything that the skilled person knows at the date of filing of the patent in question. The skilled person is a juristical term and subsumises, that the skilled person indeed knows about EVERY publication of the patentable idea (if it existed) prior to the filing. That means, that even if the idea (which leads to a technical doing) was published in the (for example) Tube-Amp-gazette of Mongolia, the skilled person would know about it.
Thus, if the mentioned switching of OTs has been described beforehand, it is thus not "novel" and a patent should not be granted. Sometimes the people at the European Patent office do not know about such a publication, thus the patent is granted. But if Mr Smith would then try to keep other companies from doing the same (the sole reason for a patent), these other companies could easily try to revoke the patent in question b ased on the mentioned Gazette publication. This of course would cost money.
For the time being, I think that Mr Smith may own the patent rights for some things that have already been done, but these rights would not stand before a court.
So it is a lot of fuss about nothing really.
Even if Smith would have a liable patent, tinkerers or people like us could still build amps with the same idea, give we do not do it to do business.
So, let Mr Smith spend all his money on patent laywers, he does not harm us.
My 2 Euro cents!
|3/8/2004 8:20 PM|
I thought one of the reasons for getting them is so that investors will take you seriously. And it was my impression that companies w/the money will just try to build around the patent so as not to infringe but build a similar product.
|3/9/2004 2:16 AM|
in other words...
|3/9/2004 2:31 AM|
Ken where do you find these? They're great!
|3/9/2004 7:05 AM|
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