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Banned | Posts: 974 | Thanked: 622 times | Joined on Oct 2010
#35
Originally Posted by momcilo View Post
Have you ever read any patent application?

Well, let's just say that your definition of patent is close to the 19 century definition.

Today, patents are written in such way that they cover not only the particular implementation being protected, but it's scope is extended as much as possible.

Example patent:
http://patft.uspto.gov/netacgi/nph-P...S=PN/6,125,447

More info can be found here:
http://blog.headius.com/2010/08/my-t...-v-google.html

EDIT: Added link to one of the patents within Oracle vs Google, and an article about the issues
I know how patents are written. The point is you cannot legally in court protect something that is not well defined. You cannot prove that I am infringing your patent, if your patent is merely an idea with no implementation. If you invented a 3D touch screen, you can patent that invention using claims that descibe the implementation, you cannot patent the idea of a 3D touch screen with no implementation. The very essence of inventing something is to create something that solves the problem of making an idea *work in real life*. If somebody else created another 3D screen using a different implementation, there is nothing you can do about it because it is a different invention. But if someone used your implementation creating a 3D television, they are infringing your patent even though it is a different idea.

Another point is that even tough you have invented something completely by your own head, if it has been done before, you are infringing.