SV: Re: [sdiy] Flash Drive with Floppy Interface?

[Magnus Danielson]

From: "dj hohum" <djhohum at gmail.com>
Subject: Re: SV: Re: [sdiy] Flash Drive with Floppy Interface?
Date: Mon, 4 Jun 2007 18:37:58 -0700
Message-ID: <e11030040706041837s4d4008e1sed1b0d88f21c8709 at mail.gmail.com>

> Patents that can't be defended are in essence, not valid. The patent
> only provides you with some part of the legal defense. They are
> immaterial without the courts. If you don't have the means to defend a
> patent then you only have one part of the required protection against
> violation.
> 
> Everyone who applies for patents, knows, or should know this. The
> patent does not give you any sort of automatic protection against
> others implementing the idea. It is not necessary to challenge a
> patent in court if the other party is unprepared to defend it.
> 
> Granted there are attorneys who will work on contingency, but the
> point is that if the the holder can't defend their patent it isn't the
> responsibility of others to do it for them.
> 
> That IS the American system.

This is not necessarilly how it works elsewhere. A US patent only protects the
invention on the US market. If the patent is not followed up with a patent for
other markets, then those markets will remain available for someone
implementing something similar. Similar for a Japanese patent or Swedish
patent.

If an invention is covered with only a US patent, I can still manufacture a box
and sell in in Europe and on the Asian market without problem, as long as I
stay out of US with that product.

This is true even if someone can defend the patent.

Cheers,
Magnus