Prior Art
|
| Author | Content |
|---|---|
| Abe Aug 14, 2005 11:41 AM EDT |
If Apple released their technology in November 2001, and MS in May 2002, shouldn't MS application be rejected on the basis of prior arts? Did the USPTO mess up or am I missing something? |
| dinotrac Aug 14, 2005 3:03 PM EDT |
First and foremost, only disclosed technology can be considered prior art. Also, as a matter of public policy -- to discourage hording technology as trade secrets -- the PTO will favor the party that files a patent for technology
even if another party developed it first, but kept it secret. I'm guessing there is serious court fight potential in this one. |
| chris Aug 14, 2005 6:05 PM EDT |
If the iPod was released in November 2001, then I don't see how anyone could consider it to be a secret, and prior art should apply. If it were still being developed in the lab, and not yet a product, then it would be more interesting and MS would apparently have a chance. Though I don't know the details of this case, it sure sounds like it could be a patent that could be overturned. However, the cost to Apple of fighting it will cost more than the amount for which MS would be willing to settle--which is how such "extortion" works. This has an appearance of Microsoft trying to possibly steal technology and certainly steal money from Apple. |
| tadelste Aug 15, 2005 5:22 AM EDT |
Chris, you wrote: This has an appearance of Microsoft trying to possibly steal technology and certainly steal money from Apple. This also looks like Microsoft wanting to put Apple under. |
| dinotrac Aug 15, 2005 7:16 AM EDT |
Chris: Releasing the Ipod and releasing the secrets of its technology are not the same thing. Mind you, for things like song menus, etc...that's kind of hard to hide. |
| Abe Aug 15, 2005 8:30 AM EDT |
Speaking of secrets, how about Apple claiming and suing for technology espionage? It is about time some one does. |
| dinotrac Aug 15, 2005 9:48 AM EDT |
Abe -- It is, however, a tough row to hoe. You've got to have proof of specific wrongdoing -- ie, person A got into place B, knowing he didn't belong, and took thing C, which was secured agains prying eyes. |
| Abe Aug 15, 2005 10:45 AM EDT |
Dino: I know, it was wishful thinking! |
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