[OT] Patents in the USofA [WAS]Re: 2nd generation VCFs (was: Xpander VCF)

[Byron G. Jacquot]

>    One that I saw that had to do with the industry that I am in, the company
>seemed to have gotten a pattent on the Phase Lock Loop.  It was a relatively
>recent patent (no older than 15 years), but some of the drawings looked like
>they came right out of the CA4046 data sheet from RCA.  I would have to tend to
>agree that here in the U.S., the patent office is not very careful about what
>they give patents out for.

My understanding about the whole patent issue is that it's fairly easy to
get a patent for an apparently novel concept, if you present it in the right
language,  on the right forms, with the proper references to "prior art."

The hard part comes if it seems like someone violates a patent, and the
original inventor must demonstrate in court that their patent has been
violated...which can be a much trickier process.  Imagine trying to describe
the kind of things these patents cover to the average jury!  (There have
been some large, predatious companies use some bulltying along these
lines...they have a patent in field X, and notice a smaller company using
similar technology in field Y, and try to enforce the patent across
disciplines...mostly by trying to pull a fast one with their larger legal
resources against the smaller company)

However, if a patent has stood up to such legal examination, it then becomes
a little easier to enforce against other violators...maybe because the legal
team knows the techniques to use against the other violators at that point.

Often it winds up in arbitration, with them settling out of court.  This
probably costs less than than the court hassle, but also doesnt give the
patent the legal validation the court case would.  Depending on which side
you're on, this can be both good and bad.

Of course, the sick part is this: who grants those patents to begin with?
Young lawyers, who will eventually move into the private sector as patent
attorneys!

Byron Jacquot