b.xavier at internet.lu
Wed Dec 8 15:40:19 CST 2004
way back in industrial economics we learned that
all patents are contournable... and since their
life is limited...
What protection is there?
- 1st comers get 35% of the market
- barriers to entry (heavy duty investments in finacial or technogical
When I was writing my quantum codec algoritm I
found out a worldwide patent is worth 100,000 $/EUs...
who, here, can affort that?
But if you get one client, it can be worth it...
Besides, the method is restricted to xml and some
obscure process. Just show prior art to save your
ass and voila. Patents are however legally defendeable
> -----Original Message-----
> From: use-revolution-bounces at lists.runrev.com
> [mailto:use-revolution-bounces at lists.runrev.com] On Behalf Of Gordon
> Sent: Wednesday, December 08, 2004 22:05
> To: How to use Revolution
> Subject: Re: interesting patent
> There seem to be some misconceptions about what patents are for:
> A U.S. patent as defined in section 35 of the U.S.
> code does NOT assure the inventors of the right to practice.
> It guarantees their exclusivity to practice within the scope
> of the patent claims, for the lifetime of the patent.
> If that sounds confusing, here's a real-world example that I
> am personally familiar with:
> The use of a particular, naturally ocurring protein for
> treating a given disease is covered by someone else's patent,
> but I modify the protein (in some non-obvious way) such that
> in addition to treating the disease, it now has some new
> properties (perhaps it is less toxic or it tastes like
> strawberries). It is a new form of matter with novel
> properties and therefore patentable.
> However, I would still need to obtain a license for the
> original patent to use my own modified protein for treating
> the disease in question, since that utility falls under the
> scope of their claims. The original patent holders would in
> turn have to license my patent to be able to use my new
> protein to treat this same disease, so that their improved
> treatment could benefit from the properties of being less
> toxic or tasting like strawberries, which are covered under
> the scope of my claims.
> This actually happens all the time in the biotechnology sector.
> I hope this is helpful
> --- Mark Brownell <gizmotron at earthlink.net> wrote:
> > On Wednesday, December 8, 2004, at 12:12 PM, Lynch, Jonathan wrote:
> > > My understanding is that for many, the point of
> > getting a patent is not
> > > even to prevent others from using the technology -
> > it may well be too
> > > broadly defined or have other problems. However,
> > if you have a patent,
> > > it guarantees your right to use what you patented
> > - so others cannot
> > > patent the idea later and (if they win in court)
> > keep you from using
> > > it.
> > Prior art and ) Copyright also give you freedom to protect
> > This company is a member of W3 consortium and they are using SGML -
> > XML which is a markup language. You can't patent a markup language.
> > It's too late. It's been blown out of the water by prior art.
> > I guess they have patented the process that occurs after
> parsing the
> > markup language. It must be highly defendable as an application
> > example with regards to copyright.
> > Interesting idea though.
> > my 2 cents
> > Mark
> > _______________________________________________
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> > use-revolution at lists.runrev.com
> :::::::::: Gordon Webster ::::::::::
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