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Re: [OT] Re: Geoworks and their patent

  • From: "Edward C. Zimmermann" <edz@b...>
  • To: xml-dev@i...
  • Date: Tue, 25 Jan 100 20:48:39 +0100 (MET)

download de ot enforced
> bad out there.  It is very unlikely that any entrepreneur who wants to build
> and sell software can avoid infringing a couple of dozen horse-[expletive deleted] US
> patents.  
I think the situation is more extreme: its probably impossible for one to write *any*
functional computer program without infringing upon at least one patent in the US.
Luckily most of these patents don't get enforced--- in contrast to Trademarks one
does not need to enforce a patent. 

> Einstein used to be a patent inspector in Switzerland.  Clearly the US 
> office maintains a lower standard.  -T.

I think one needs to understand the rules inspectors are working under: 
 The Manual of Patent Examining Procedure: http://www.uspto.gov/web/offices/pac/mpep/index.html
 see especially Chapter 21 http://www.uspto.gov/web/offices/pac/mpep/21.txt

Even when an inspector finds an appication to be "horse [expletive deleted]", I've been told
by several inspectors at US and European agencies, they still issue if the basic
formal criteria are met. Today's "true inspectors" are thus the courts so its a
battefield for lawyers and not inventors..

<A HREF="whois://rs.internic.net/ecz">Edward C. Zimmermann</A>
<A HREF="http://www.bsn.com/">Basis Systeme netzwerk/Munich</A>
Cellular: +49 (179) 205-0539

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