It is not relavent whether they had the technology before the patent was issued.
They had to have had the technology before the patent was filed, this would constitute 'prior art' and invalidate the patent. Even if they didn't they can prove that someone else had the technology, or that it was in common use. Thus constituting 'prior art' and rendering the patent invalid.
Software patents are relatively untested, and the patent office is "attempting" to issue patents on the basis of the way they are written in law... unfortnately they are failing in terms of practicality. The largest problem seems to be a lack of prior art searches, or rather insufficient ones. All lot of this e-commerce nonsense will begin to disappear once cases start going to court and the defense attorney pull of ten years of "e-commerce" business practices prior to the filing dates of the patent. Once companies start to realize that their frilivous patenting of software products ($20000-40000 US) is pointless because the patents are mostly worthless, they'll stop doing it. The courts in the past have through their ruling changed what is "patentable", and so until the courts establish better rules about patents the patent office will continue to dish out this nonsense.
.. but it is also developing into an international standard. Canada recently moved the experience level from 2 years to 4 years in order to be more in line with the experience level of the world. Presumably so that our engineers could move to other countries and still be considered 'Professional Engineers'. So essentially its something you can put on your resume that can add a few bucks..... as well as a few stupid perks like you can sign peoples passports. I'd say go for it.
Slashdot Mirror
Would they continue to glow in the dark after the tree died?
The web site is at www.externalwarriors.com
... I'd play it tho'.
It actually looks half-decent, sorta choppy looking
It is not relavent whether they had the technology before the patent was issued.
They had to have had the technology before the patent was filed, this would constitute 'prior art' and invalidate the patent. Even if they didn't they can prove that someone else had the technology, or that it was in common use. Thus constituting 'prior art' and rendering the patent invalid.
Software patents are relatively untested, and the patent office is "attempting" to issue patents on the basis of the way they are written in law... unfortnately they are failing in terms of practicality. The largest problem seems to be a lack of prior art searches, or rather insufficient ones. All lot of this e-commerce nonsense will begin to disappear once cases start going to court and the defense attorney pull of ten years of "e-commerce" business practices prior to the filing dates of the patent. Once companies start to realize that their frilivous patenting of software products ($20000-40000 US) is pointless because the patents are mostly worthless, they'll stop doing it. The courts in the past have through their ruling changed what is "patentable", and so until the courts establish better rules about patents the patent office will continue to dish out this nonsense.
.. but it is also developing into an international standard. Canada recently moved the experience level from 2 years to 4 years in order to be more in line with the experience level of the world. Presumably so that our engineers could move to other countries and still be considered 'Professional Engineers'. So essentially its something you can put on your resume that can add a few bucks... .. as well as a few stupid perks like you can sign peoples passports. I'd say go for it.