alan wrote: > On Fri, 23 Jun 2006, Les Mikesell wrote: > >> On Fri, 2006-06-23 at 11:52 -0500, Mikkel L. Ellertson wrote: >>>> >>>> I don't see a solution there... Either a company patents it now as a >>>> protective measure or they let someone else do it. Either way >>>> it might end up owned by someone else later. What's the alternative? >>>> Do you expect the patent office to suddenly start doing their job >>>> and disallowing patents that are obvious or mathematical algorithms? >>>> >>> There is one - publish it without patenting it. Then it is prier >>> art, and can not be patented. You may still end up in court, but it >>> makes it fairly easy to defend yourself when you can produce a >>> publication of the application that the other company says infringes >>> on their patent that predates their patent. >> >> But that opens the door to small variations that others can still >> attempt to patent. For example the only real difference in the >> (now expired) RSA patent that was granted early on in this mess >> and a prior version was the use of prime numbers as factors. > > There was also evidence of prublishing over a year before the patent was > filed, which should have invalidated it. The rules on prior art and > publication seem to be pretty squishy when big bucks and "national > security" are involved. > Even having a patent is not enough if "national security" is involved. I remember reading about a case when a company had a patent, and helped another company develop a product based on it. When the second company didn't pay the royalties on the product, the first company took them to court. But the case was efectivly blocked because the product design was "vital to national security interests", so the first company got cheated out of millions. All you need it the right people to say that revealing the evidence would be a threat to national security, and it does not get shown in court. The judge can not even look at it to determine if it a threat. Getting the decision reviewed is almost impossible. Mikkel -- Do not meddle in the affairs of dragons, for thou art crunchy and taste good with Ketchup!
