[rollei_list] Re: OT - Patents in Germany vs in North America
- From: Ardeshir Mehta <ardeshir@xxxxxxxxxxxx>
- To: rollei_list@xxxxxxxxxxxxx
- Date: Wed, 26 Jan 2005 21:06:02 -0500
On Wednesday, January 26, 2005, at 02:55 AM, Siu Fai wrote:
>> No, you don't. It is just available to prove that on the stamped date
>> you had thought of the idea described in the paper. IOW it means that
>> if anyone files a patent application purporting to have thought of it
>> after that date, you can produce your paper in court saying that they
>> are not entitled to a patent, since the idea is not a new one. (To be
>> suitable for a patent, an idea must be "new, useful and unobvious".)
>
> The difference AFAIK from the way we handle it is that we follow the
> official patent application. We get a patent number, the patent is
> published and the idea is protected by the official patent. If I
> understand your statements correctly than your idea is only registered
> but not officially a patent. Someone else may not be able to patent
> the idea but they may use the idea since it is patented.
Yes. But this is just the "poor inventor's patent strategy" over here.
Companies and organisations over here work just like you say German
companies do, because they can afford to get every idea patented. But
just to get a patent application written by a proficient lawyer costs
thousands of dollars - and even then it might not stand up in court if
challenged. The average Joe Q. Inventor with a brilliant idea can't
afford that kind of money up-front.
> As I said, we have here officers that handle the patent issue and
> application. So I'm not a pantent-specialist. I'm just a scientist who
> work on my subject and got a patent on my name more or less out of
> luck ^_^
You needn't apologise: it was obviously your *karma*, IOW, the fruits
of something good you did in the past! You deserved it, even though you
do not remember exactly why.
Cheers.
Ardeshir <http://homepage.mac.com/ardeshir/AllMyFiles.html>
Other related posts:
- » [rollei_list] Re: OT - Patents in Germany vs in North America
