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Monday, December 21, 2020 11:50:42 AM
Merry Christmas and happy holidays, and I hope the season treats you well. Here is to a better 2021!
The analogy of software is not wrong.
However, developing patents to extort others is generally frowned upon. The original intention was to protect products from being copied. The requirement in patent law to reduce the invention to practice usually requires the development of some sort of product, and if the invention is worthwhile why isn't that product on the market?
I suspect in most cases the patented invention is not intentionally copied, but rather accidentally used. I know in product development at Intel we intentionally did not look at patents that we did not already have a cross license for. Doesn't mean we didn't occasionally copy somebody else's patent. It is a bit of a mystery how that Intel Chinese patent came about as a copy of the HDVY patent though. I would sure like to know how that happened!
Alan
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