Quote:
Originally posted by goBigtime
Even you said (something like) prior use doesn't always = prior art.
|
I wrote about that comment... If a company was doing the affiliate pooling idea, in commerce, was an actual product, etc between may 1998 and May 1999, then they would be excempt from the patent, since they would be covered under "prior use".
If a company was doing the affiliate pooling idea prior to May 1998, then it would be prior art.
If a company had a business plan that documented the evolution of the biz into what the patent described, and it was before May 1998, then it's not prior art, but could be argued as a "prior inventor" since it was documented privately (ie. not published) about the future.
I agree with you on your sentiments about patents. Software and tech patents are stifling innovation and businesses, and most would fail the "novel" and "nonobviousness" tests if presented to the internet/tech/software community.
Patent Reform is needed, and it's moving slowly. Until then, companies have to deal with bogus patents, will have to deal with legit patents, and will have to make the "business decisions" to operate in this minefield.
This is why i had proposed the non-profit Fight The Patent Foundation, to specifically target bad patents by filing directly with the USPTO.. as a pre-emptive measure to avoid businesses, millions of dollars in legal and bogus licensing fees.....
I contacted many large mainstream companies, and while they liked the idea, they felt they could handle things on their own. This means that big business has the resources to pay the "nuisance fee" of a patent license, whereas middle to smaller companies are ripe for the picking.
As Acacia's marketing strategy has shown price, price the license cheaper then it would cost to get an opinion paper or hire many hours of billable attorney time.
It's an abuse of both patent and civil law, but my one year conclusion, is businesses will deal with things on their own, and in the rare occassions like the current members of the Defense Group, to band together..... but what we have also seen is the lack of support from companies that are also affected by Acacia, not stepping in to help financially, because they are letting others do the work.
It's exactly the same as those that pledge money for Public Television fundraisers, and those that watch PBS and never send in a dime.
Fight the Couch Potatoes!