[Fsfe-ie] US Congress to Overhaul Patent Law
alex-list at ffii.org.uk
Tue Aug 23 16:08:48 CEST 2005
On Aug 23, 2005, at 18:52, Éibhear wrote:
> Under the current
> first-to-invent system, a court case would present that the iPod
> itself is
> "prior art" and therefore the patent is on shaky ground.
Wrong. Under first-to-*file*, the iPod's release in November 2001 is
prior art against both patents, which were filed in 2002.
Under first-to-invent, Apple or Microsoft could turn around and say,
"Well actually we invented it in October 2001, so there". You can't do
that under first-to-file.
Alex Macfie, Taipei, Taiwan R.O.C.
alex at cgce.net
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