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#1 |
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yes, i'm drunk
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http://www.wired.com/gadgetlab/2012/...rabook-makers/
The shape is shared by many, many ultrabooks, but Apple did file the patent before ultrabook specs were released - however what apparently everyone forgot was that ultrabooks & air weren't the first laptops to use such shape, Sony had laptop with such shape already back in 2004, which should have rendered it impossible for Apple to get the patent approved Here's Sonys 2004 laptop X505
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I'm nothing but a shattered soul... Been ravaged by the chaotic beauty... Ruined by the unreal temptations... I was betrayed by my own beliefs... |
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#2 |
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Senior Member
Join Date: Jun 2008
Posts: 1,806
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Why wouldn't it be approved? Those laptops aren't being made anymore.
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#3 |
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That's my stapler
Join Date: Feb 2002
Location: "Midwest," USA
Posts: 3,960
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Being awarded a patent is a far cry from being awarded a defensible patent. Clearly the USPTO reviewers overlooked some prior art.
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"Yes windows 3.1 was better than the macOS of the day. All the Windows OS's have been better." - eastmen |
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#4 |
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That's my stapler
Join Date: Feb 2002
Location: "Midwest," USA
Posts: 3,960
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A patent means you invented it before it was generally known or publicly disclosed. The fact that nobody makes it any longer has no bearing whatsoever. Even if it had been apple who disclosed it publicly first (let's say they sold a MBA before they filed) then it isn't patentable.
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"Yes windows 3.1 was better than the macOS of the day. All the Windows OS's have been better." - eastmen |
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#5 |
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That's my stapler
Join Date: Feb 2002
Location: "Midwest," USA
Posts: 3,960
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Apple filed this in 2011 while the MBA was released in 2008. It is not enforceable as the prior release of the MPA constitutes prior art. Sorry Apple.
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"Yes windows 3.1 was better than the macOS of the day. All the Windows OS's have been better." - eastmen |
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#6 | |
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Senior Member
Join Date: Jun 2008
Posts: 1,806
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Quote:
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#7 | |
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That's my stapler
Join Date: Feb 2002
Location: "Midwest," USA
Posts: 3,960
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Quote:
I have a patent portfolio and know patent law reasonably well as I've been through IP disputes, etc. and if I can demonstrate prior art with public disclosure then your patent isn't enforceable. Public disclosure is known as a baring event. Google is your friend.
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"Yes windows 3.1 was better than the macOS of the day. All the Windows OS's have been better." - eastmen |
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#8 | |
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Invisible Member
Join Date: Apr 2002
Location: La-la land
Posts: 5,155
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Quote:
That you still got your patent means either you did not do your job (proper search of prior art), or the patent office didn't do their job, or both. Your patent is in other words invalid.
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"If I were a science teacher and a student said the Universe is 6000 years old, I would mark that answer as wrong (why? Because it is)." -Phil Plait |
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#9 | |
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Member
Join Date: Feb 2002
Posts: 590
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#10 | ||
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Senior Member
Join Date: Jun 2008
Posts: 1,806
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Quote:
Quote:
Last edited by RudeCurve; 10-Jun-2012 at 18:22. |
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#11 |
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Regular
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I think it would make the world a better place if patents were just rubber stamped and debated in court ... no more delays in getting patents approved, no more submarining, no more pretence that the patent office's approval means a fucking thing.
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Cinematic is the new streamlined. |
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#12 |
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Regular
Join Date: Jun 2003
Posts: 6,179
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This has been a problem for the US patent office for a number of years. They don't have the expertise to deal with complex technical patents, so they just grant them and let everything get sorted out in court, where the people with the most money for the most lawyers usually win. Exactly the opposite of what the patent system was designed for in the first place.
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#13 | |
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yes, i'm drunk
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Quote:
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I'm nothing but a shattered soul... Been ravaged by the chaotic beauty... Ruined by the unreal temptations... I was betrayed by my own beliefs... |
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#14 | |
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Regular
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If not it's just a waste of time and money ...
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Cinematic is the new streamlined. |
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#15 |
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Regular
Join Date: Jun 2003
Posts: 6,179
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I bet you it's written as if it is. For years now the US patent office has been in the mindset of granting patents without thinking about them too much.
It would be interesting to know how many patents the USPO reject, and how many of those rejections are against big companies like Apple. |
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#16 | |
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That's my stapler
Join Date: Feb 2002
Location: "Midwest," USA
Posts: 3,960
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Quote:
Your patent should not have been granted. This is why it is not enforceable. Go read.
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"Yes windows 3.1 was better than the macOS of the day. All the Windows OS's have been better." - eastmen |
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#17 | |
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Senior Member
Join Date: Jun 2008
Posts: 1,806
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Quote:
BTW that's dependent on the lawyers and court not you...oh wait I forgot you have a law degree too right? Go buy some HDD insurance man... Last edited by RudeCurve; 10-Jun-2012 at 19:53. |
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#18 | ||
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Invisible Member
Join Date: Apr 2002
Location: La-la land
Posts: 5,155
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Quote:
Quote:
Assuming nobody ever made a wallet with hinges on it, putting hinges on a wallet isn't really a novel invention, as both wallets and hinges have long existed, so why should anyone be able to patent it?
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"If I were a science teacher and a student said the Universe is 6000 years old, I would mark that answer as wrong (why? Because it is)." -Phil Plait |
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#19 |
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That's my stapler
Join Date: Feb 2002
Location: "Midwest," USA
Posts: 3,960
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Dude, you are just painfully ignorant.
A patent confers a right of exclusivity. If it isn't enforceable no right is conferred and the patent is nullified. What you have is a piece of paper that cost you money and has no value. Simply put "Patents are granted for the design of an original invention" and if you or apple or anyone managed to get a stupid enough reviewer that you manged to get a patent on something that wasn't original then whoop-dee-doo. It is unenforceable, it doesn't confer any exclusivity and it therefore doesn't meet the definition of a patent. Back to ignore with you.
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"Yes windows 3.1 was better than the macOS of the day. All the Windows OS's have been better." - eastmen |
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#20 | |
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Member
Join Date: Feb 2002
Posts: 590
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#21 | |
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Senior Member
Join Date: Jun 2008
Posts: 1,806
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Patent protection doesn't magically mean it creates money to pay for lawyers to enforce your patents. |
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#22 |
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Invisible Member
Join Date: Apr 2002
Location: La-la land
Posts: 5,155
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Maybe we've slipped too far off topic, which is that Apple's being its usual asshole self and patenting blindingly obvious, and/or already existing solutions, in an underhanded (and illegal) attempt to stymie competition?
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"If I were a science teacher and a student said the Universe is 6000 years old, I would mark that answer as wrong (why? Because it is)." -Phil Plait |
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#23 | |
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Tea maker
Join Date: Feb 2002
Location: In the Island of Sodor, where the steam trains lie
Posts: 4,396
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Although the earlier discussion was "interesting" and, from my experience with patents, not entirely accurate, the original article appears to be about a "design patent" which is different concept, i.e. a registered design
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"Your work is both good and original. Unfortunately the part that is good is not original and the part that is original is not good." -(attributed to) Samuel Johnson "I invented the term Object-Oriented, and I can tell you I did not have C++ in mind." Alan Kay |
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#24 |
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yes, i'm drunk
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figured there's no reason for another thread, this time Apple patents induction based charging (used by Braun at least since early 90's), rotating, scrolling and resizing documents on touch screen (used by every smartphone out there probably)
http://www.patentlyapple.com/patentl...-displays.html
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I'm nothing but a shattered soul... Been ravaged by the chaotic beauty... Ruined by the unreal temptations... I was betrayed by my own beliefs... |
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#25 | |
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Senior Member
Join Date: Feb 2002
Posts: 1,153
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Quote:
Also, surely prior art for other inductive charging devices should apply here? I see they have also managed to get the Galaxy Nexus banned in the US over other pretty obvious patents. I wonder when all this stuff will end?
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Tha's all I can stands, and I can't stands no more... |
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