[rollei_list] Re: Patents and Lens Designs
- From: "Austin Franklin" <austin.franklin@xxxxxxxxxxx>
- To: <rollei_list@xxxxxxxxxxxxx>
- Date: Mon, 5 Oct 2009 15:05:56 -0400
Hi Marc,
> What Kingslake noted was that patents were
> unreliable for a number of reasons. They tend
> to be chronologically suspect, as the patents are
> often taken out years after production of a given
> lens started.
A patent must be filed within one year of the invention, or it's not valid.
At least in the US. So I have no idea how it can possibly be that a patent
could be filed for an item that has been in production for years. Now, the
patent can be updated/revised, but it had to be filed beforehand.
> It is certain that the names on Zeiss and Leitz
> patents rarely reflect the actual designer of the
> lenses.
I think you may want to review patent law here in the US. You will find
that it is *required* that ALL the inventors be listed on the patent, or
that can potentially invalidate the patent. Now, what you mean by designer,
I really don't know...but the guy who game up with the "idea" or "invention"
being patented MUST be named on the patent.
I have heard a number of people "brag" about how they left their names off
patents, for nothing but the philanthropic reason of allowing others the
credit for said patent. I have a hard time believing anyone who says
something like this. For two reasons. One is their ignorance of how the US
patent system works, and two, that a patent attorney would allow such a
thing to happen.
> I am not aware of any requirement under US law
> that the "actual" designer be credited on a
> patent application.
Well, then I suggest you do some research ;-) Having been in the patent
business for some 33 years now, and been through this very issue a number of
times, I believe I'm on pretty solid ground.
> This is probably not
> possible in the case of a lens: Bertele had over
> 200 assistants helping him to produce the 1.5/5cm
> Sonnar in 1931 and the calculations ran to a
> stack four feet in height:
But the people doing these calculations didn't necessarily have anything to
do with coming up with the "invention". It's just like the guy in the
machine shop who makes the item, or the technician who solders the board
together. They aren't part of the "invention". But, when you say
"designer", these are not designers. These are technicians. In most cases,
the term "designer" means the "inventor".
Regards,
Austin
---
Rollei List
- Post to rollei_list@xxxxxxxxxxxxx
- Subscribe at rollei_list-request@xxxxxxxxxxxxx with 'subscribe'
in the subject field OR by logging into www.freelists.org
- Unsubscribe at rollei_list-request@xxxxxxxxxxxxx with
'unsubscribe' in the subject field OR by logging into www.freelists.org
- Online, searchable archives are available at
//www.freelists.org/archives/rollei_list
Other related posts:
