up2date prior art?

up2date prior art?

Posted Mar 23, 2006 18:00 UTC (Thu) by man_ls (subscriber, #15091)
In reply to: up2date prior art? by dskoll
Parent article: Apple patents automatic software updates

IANAL, but I recall that unless the prior art predates the filing by at least one year, it may be insufficient to invalidate the patent.

IANAL either, but I seem to remember that once you publish something you have like six months to patent it. But if somebody else publishes it before you (prior art by a third party) then you cannot patent it. Wikipedia has an explanation.

So it would depend on whether Apple engineers published their "invention" 6 months before the patent date, and before Red Hat published their equivalent "invention".

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