Bad apple mistake

  MidgetMan 15:13 15 Aug 2005
  Pooke 18:18 15 Aug 2005

lol, why did they wait?

  GANDALF <|:-)> 19:04 15 Aug 2005

One has to grin.


  Forum Editor 19:46 15 Aug 2005

I doubt the planet will stop revolving.

  MidgetMan 20:42 15 Aug 2005

"I doubt the planet will stop revolving"

nether said, nor insinuated that it would, I was merely drawing ot to the attention of other members.

In fairness that comment could also apply to every single posting on this forum.

  Forum Editor 01:27 16 Aug 2005

I meant to imply no criticism of your post - I merely commented on the subject matter of the link, as I'm surely entitled to do?

I've ruffled your feathers and I'm sorry - it wasn't my intention, I assure you.

  €dstowe 13:56 16 Aug 2005

There is something odd in that story. Patents cannot be retrospective. If the product was launched in 2001 and the patent filed in 2002 that means the iPod technology was already in the public domain at the time of the application - which makes a nonsense of the whole patent system. Rather akin to me filing a patent for the wheel.

  Fred the flour grader 18:15 16 Aug 2005

you are bang on there, Edstowe.

If by any chance you win the patent for the wheel, can I go halfers with you?

Ha ha....Fred

  Forum Editor 18:59 16 Aug 2005

The American Patent reform act of 2005 makes radical changes to patent law. In the past American patent law was based on the "First to invent" rule, rather than the "First to file" rule favoured by many other countries.

The 2005 act changes all that - in future American patents will be granted using the "First to file" system. Under the new act Apple loses out.

  €dstowe 21:29 16 Aug 2005

Sorry but it remains true that information in the public domain cannot be patented. The fact that it is stated that the product became commercially available before a patent was filed means that it is not patentable.

It is nothing to do with the first to invent or first to file rule, it is to do with novelty. This invention is automatically excluded because, according to the news clipping, the product was already on the market before intellectual property rights were sought by either Apple or Microsoft. Anyone (with the appropriate expertise) could thus determine how it functions, so it is therefore not novel in just the same way as the wheel is excluded from patentability.

  joesoaps 21:55 16 Aug 2005

that Apple was owned by Microsoft,I thought they bought Apple out when it was in financial difficulties some years ago,or have I got it wrong?

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