[ODE] Quickstep and patents
Jon Watte (ODE)
hplus-ode at mindcontrol.org
Thu Jun 7 16:42:21 MST 2007
Patrick Enoch wrote:
> I too, am Mathematician. It seems my question still remains: is it a
> patent on "the sum of all parts" or "all parts individually"??
> (If BMW has a patent on their engine, they dont hold patents on every
> single screw. Someone brought the car idea up.)
A patent covers each individual claim in the patent. However, only a few
of those claims will be independent; most of them will require whatever
is described in a previous claim. In Europe, you're only allowed a
single independent claim, the "root claim," AFAICT; in the US, you're
> I am not a lawyer (see above), but doesnt the right to sue someone
> vanish after a while, IF you know other ppl are using your patent
> "illegally"? So it becomes "customary law"? Agaia knows about ODE for
> quite a while and they didnt do anything against it.
No. That may be true for copyright, but it is not true for patents.
Patents give you a right to an invention, much like a deed gives you the
right to a certain plot of land. Whether you let some people use it, and
others not, does not affect your ownership of that invention, much like
letting some people onto your lot and keeping other people out will not
affect your ownership of the land. This is one very important difference
between patent law and copyright law. At least in the US. And, as far as
I know, because I am not a lawyer.
> How far does this patent reach, does it reach from the US to Europe?
> I have customers all over the world that use my product.
A patent affects anyone doing business in the country where the patent
is issued/valid. For example, if there is a European patent for "silent
velcro" then someone making silent velcro in China and selling it to the
US will not be affected. However, someone re-exporting that silent
velcro to a buyer in Europe would be affected. Companies generally
attempt to get key patents for a number of key markets.
International law is, in general, very complicated. For example, if you
have an extensive collection of wines and spirits, or a collection of
works of fine art, they may be very hard to bring with you to other
countries, because what's a delicacy in one country might be outlawed in
another, and what's fine art in one country might be considered obscene
in another. Patent law is, unfortunately, no better.
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