Patents with source code
Posted Aug 27, 2012 15:55 UTC (Mon) by giraffedata
In reply to: Patents with source code
Parent article: Mobile patent wars: Google goes on the attack
I notice you focus on the patent getting issued, whereas I was talking about the patent being valid. While a court is required to presume a patent is valid just because it was issued, adversaries overcome that presumption all the time and prove an issued patent is invalid.
One way for a patent to be invalid is for the patent holder not have invented the thing claimed. Patent law says invention is more than dreaming up something. It recognizes Edison's definition, "invention is 1% inspiration and 99% perspiration." If Mary didn't perspire and John did, Mary's patent won't stop John from practicing the invention.
I don't know where the law draws the line as to how far past dreaming something up you have to go before you've invented it, but I know you have to go somewhere toward proving the idea works.
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