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- From: "Edward C. Zimmermann" <edz@bsn.com>
- To: xml-dev@ic.ac.uk
- Date: Tue, 25 Jan 100 20:48:39 +0100 (MET)
> 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-shit 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 shit", 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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