Re: WTF patents



Another thing is the Patents do not have to work, and in many cases some
could never work.



"Spehro Pefhany" <speffSNIP@xxxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:1rhcs11r9proqqut102p4uvj5r9nmnr7ql@xxxxxxxxxx
> On Thu, 12 Jan 2006 12:55:54 +0100, the renowned Rene Tschaggelar
> <none@xxxxxxxx> wrote:
>
>>Walter Harley wrote:
>>
>>> I'm frustrated by patents that seem oblivious to prior art. Consider US
>>> patent application 20050218880 (http://tinyurl.com/al578), "Apparatus
>>> for
>>> powering an electronic musical instrument".
>>>
>>> I cannot figure out what this guy thinks he is patenting, that is not
>>> already prior art (consider in particular the "phantom power" scheme for
>>> microphones, and the fact that Alembic basses in the 1970s used external
>>> power sources). The only part of this that *might* be novel is the idea
>>> of
>>> having an on-board rechargeable energy source, and recharging it by
>>> plugging
>>> a power adapter into the signal jack.
>>>
>>> But IANAL.
>>>
>>> Anyone else got an opinion as to whether this patent (application) is
>>> actually defensible?
>>>
>>> And, is there any way for a member of the general public (me) to weigh
>>> in
>>> with prior art on a patent application, before it's granted?
>>>
>>> FWIW, the application was filed March 31 2005, and the device was
>>> publicly
>>> demonstrated by the "inventor" at the NAMM show in January 2005. I
>>> thought
>>> public disclosure before a patent application invalidated it?? Maybe
>>> I'm
>>> confused about that.
>>
>>Basically yes, making it public before the
>>application invalidates it.
>
> In the US there is a grace period of one year in which to file after
> public disclosure, but merely announcing the existence of the
> invention or demonstrating it does not necessarily constitute "public
> disclosure"-- you pretty much have to spill the beans on *how* it
> works, not just what it does. Offering it for sale has the same effect
> as public disclosure in the US. In Europe disclosure is a bar to
> patent. standard disclaimers: AFAIUI. IANAPL.
>
>>Having been granted a patent means the application
>>fulfilled some formal requirements. The content
>>is not regarded. A patent is only valid until
>>it is defeated.
>>
>>Rene
>
> Or until it times out.
>
>
> Best regards,
> Spehro Pefhany
> --
> "it's the network..." "The Journey is the reward"
> speff@xxxxxxxxxxxx Info for manufacturers:
> http://www.trexon.com
> Embedded software/hardware/analog Info for designers:
> http://www.speff.com


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