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Registered Member #2431
Joined: Tue Oct 13 2009, 09:47PM
Location: Chico, CA. USA
Posts: 5639
I'm trying to figure out patents in general.
What is patentable and what is not? Do many companies just get bogus patents to make themselves feel better? What about trolls.
More specifically, we often take the lidars out of the Neato XV-11 lidar (I have two in this way). But in doing the due diligence for a possible kickstarter project, I found first it's based on simple trig, pixel senor, and a slipring component.
Second, and much worse, I found this I company selling nearly the same device.
im currently trying to figure out if theyre the lidar maker for Neato or make it with license from someone, or if theres no license needed. No license needed due to either no or bogus patents. Patent troll-ism also worries me.
but the real question here is whether the simple components and trig can be summed up to a patentable device right? As an example, I was under the impression that industry common practices and devices couldnt be patented, and taking a blender and chain saw, gluing the together and painting it pink wouldnt make for a patentable device.
Registered Member #72
Joined: Thu Feb 09 2006, 08:29AM
Location: UK St. Albans
Posts: 1659
Patents 101
a) a novel useful idea is patentable. Novel means it hasn't been published anywhere before, and is 'not obvious' to one 'skilled in the art'. Exactly what that means, you don't find out until you've burnt through a few million $ in court. b) A patent allows you to restrict somebody else's use of an idea, it doesn't permit you to use an idea c) a patent means didly squat unless you have loadsa money to persue it through the courts d) many things that are patented are not worth the paper they are written on. The patent office just grants shit and lets the companies fight it out with their own money e) when you combine ideas, or components, in some obvious wayas, and some less obvious ways, things get really uncertain, ie expensive f) various types of companies amass many patents. Some collect them like the defensive spines of a porcupine, they don't use them unless attacked. Some are in the knowledge business, and they license them (eg ARM). Some just hope that many suckers will get snared in their masses of shite, and of those, some will end up paying. g) forget patents h) see (f)
Registered Member #2431
Joined: Tue Oct 13 2009, 09:47PM
Location: Chico, CA. USA
Posts: 5639
Dr. Slack wrote ...
Patents 101
d) many things that are patented are not worth the paper they are written on. The patent office just grants shit and lets the companies fight it out with their own money
g) forget patents
These i get and agree with. There are a whole lot of crap head lawyers out there
EDIT: 'Robo Peak" is a chinese company. so I doubt they care for patents and would rob the IP of others given half a chance. 399 US$ is still way to much.
Registered Member #65
Joined: Thu Feb 09 2006, 06:43AM
Location:
Posts: 1155
The UK obviously invented sarcasm Trademark laws have little to do with patents.
Patents are the last line of actually seeing a return from an opportunity for a small company. Almost every engineered product implementation would end up essentially unprofitable without one. One can spend hundreds of thousands of dollars getting a product line started, and simply have the same factory producing clones at $2/hour labor. Indeed, if you make under 6 figures a year the IP appears to have little value in such economic matters.
Do US/China/India/Israel/Korea/Japan firms outright steal from companies and individuals of interest? You bet... The NSA has been caught red handed doing these disclosures on more than one occasion. Even the lame ideas are cloned by large corporations, and indeed you will likely die of old age before you get through a court battle with organizations that simply write off lawsuits on taxes.
Do I know patent declarations and assignments? Yes. Company rules force you to file them with little fiscal compensation.
Do I bother gambling on stupid unenforceable claims? No, just because it passes the examination process does not make it distinctive or useful. I know countless morons with lawyers draining their life savings over a “obviously better†screw driver. We've actually been sued for telling these folks to find another company to deal with...
Have I personally sued people? No, the corporate IP lawyers operate as a separate entity unrelated to the research company to prevent legal problems.
Is the EU a fun place to file IP? No, a patent with over 15 claims will almost certainly be challenged by the examiners.
Should you bother getting patents in India/China? No, cultural differences make IP laws almost impossible to enforce. Indeed, a huge waste of time and money for the naïve....
If a general claim described in detail does not specify the implementation of a device, than such implementations may be considered different works (and claims were likely removed by the examiner for being too general). Also note, that even if a claim was made in 1999, the context at the time is taken into account. Thus, a written claim may be interpreted differently today, and ONLY the claim is legally binding. For example, you could talk about mobile electronics in 1989, but know it almost certainly did not describe the iPhone app store. However, douches still try scams knowing a settlement is cheaper than going to court.
The revision dates may try to back date an invention, and appear to show the first to register. However, this is not always true... the date of the claim revision is the filing date for the specific claim. Some douches keep editing the same patent a dozen or more times to make a legal process of proof almost impossible to read...
Registered Member #5258
Joined: Sun Jun 10 2012, 10:15PM
Location: Missouri - USA
Posts: 119
Patrick, just to clarify, your main concern is not patenting your own device but whether or not the specific device you are making is patented correct? Thereby putting you at risk for litigation should you try to market said device in a product.
If so, do your due diligence and document it well. Unless you have capital to hire a patent attorney, that is your best insurance. And remember, no risk no reward.
Registered Member #2431
Joined: Tue Oct 13 2009, 09:47PM
Location: Chico, CA. USA
Posts: 5639
Josh Campbell wrote ...
Patrick, just to clarify, your main concern is not patenting your own device but whether or not the specific device you are making is patented correct? Thereby putting you at risk for litigation should you try to market said device in a product.
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Questions About Patents
