"By far, most inventions are improvements upon other known devices or solutions........Something is “new” in patent terms if there is no prior art that is identical."
I've understood the basics of patent law and how and where a patent applies, describes and works, albeit to fully comprehend it all, can take quite some time and research on just 1, or two, and with several, dang, tough line to tow...
Yet, it is true that many patents and applications do use prior art. But, if such prior art has not expired, and or reapplied by the original 'inventor' within deadlines by improving it, then, the rights continue and anybody who has used prior art must obtain a license from the holder.
This has been the rule of law for more than 100 years. And there's purpose to this law. When a patent is issued it succeeds for a set time period. However upon it's expiration it then falls into public domain. Yet during the initial period, in order to encourage the prime owner and cause improvements to the whole 'art' and Society too, I.E. the betterment of man kind. You must upgrade your art. Reapply the upgrade in other patents, as an improvement. BY doing so, your original patent or rights to 'art' continues.
It creates an incentive for the 'genius inventor' and if not improved by the deadline an incentive for any other 'Geniuses' out side to do it too.
So, and as this topic seems to have been created because of the Nanosys Suite against Qvision. That would be the line to divide the arbitration..
I agree with QVisions response to this suite, Nanosys news does sound meritless and a weak attack against them. However, I'd do expect that Nanosys has been smart enough to have improved any existing rights, which would protect any that may have expired, hence, fallen into public domain.
Disclaimer: It's been about 15 years since I played inside of patent discover field, and there is much I can not cite off-hand, instantly currently but,, this type of occurrence is not new at all.
There is 1 in particular that is has been studied in-depth in the 1920's. which has espionage, trickery, patent theft, improvement theft and more, inside a glass marble making toy company. Akro Agate vs, Master marble, Peltier and others. Of all places, who could imagine, all of that crap for toy marbles? LOL Probably why it makes for good study though. Might make a great movie too, [grin]
Akro lost even though they began, by having joined with the original patent owner's bookkeeper. He had stolen the 'improvement' which was intended to cause the original owner to continue holding his world exclusive rights. And this bookkeeper claimed this 'new device' was of his own invention. Had the original inventor applied the improvement none of this could have happened. Yet, perhaps because his 1st invention was so dam good it was too tough as that bookkeeper's patent, was a piece of crap ad failed. However, the company managed to make something that did. LOL. Claiming that they had secured the 'improvement', but, without merit, all was declared public domain. It was that, the 1st patent which had expired some 12-14 years prior, contained such language, a basis of psychical properties or natural law. That patent holder was responsible for solving an ancient problem where he was heralded throughout the world for kicking off the industrial era in the 1890's. 'Ball bearings'.
a simple resolution: "A constantly spinning (or turning)axis" which even today, NASA has conducted testing in space.
It was that small idea and as he wasn't an active inventor, not much of a genius but, just a mechanically inclined Forman at a metal works factory. I is my inclination that, his 'genius' was basically, after wondering why or how, tiny molten metal bits could hit the floor and end up being round. Once he realized this: "A constantly spinning axis", it was the random spinning as it cooled, took this, recreated it and then designed a machine that compressed the metal at the same time. He sold that patent for mucho cash, and then set the same idea into glass balls by creating machinery which also created 'The prefect glass sphere'
It is uniquely related to Qdots, patents, rights and manufacture, in that, because like 'the perfect sphere' an Qdot is simply a crystal and like these, to get that perfect sphere or crystal, certain processes are unique.
That inventor: Marten Fredric Christensen, was the king of the world for the entire period his right to making glass spheres for toy marbles, furniture feet, pump balls and other oddities existed. Until the shortage of gas to run his furnaces in WWI put him down. One simple phrase was the key in which all are made today, which apparently he had failed to 'improve' before it fell into the hands of public domain. [wink]
So, if yawl want to find it all, ya got one hell of a lot of work and research to discover as, like this toy marble gig, go to the beginning and work forward, and forward, up down and sideways, . [wink]
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