Re:[Patents] Nasty move from MicroSoft

["Roberto Micarelli" <mi.ro@iol.it>]

"first to document" or "first to file", I guess that both can lead to 
unethical uses. What if I first-file a already-documented thing? Standing on 
my infos, this is one of the known bugs in current patenting policy.

Rob


> This was the most nasty unethical thing I've heard about for long,
> which the US sw patent system allows.
>
> Microsoft patenting and licensing the FAT system which they
> first developed 1976.
>
> http://www.microsoft.com/mscorp/ip/tech/fat.asp
>
> The FAT system is, apart from being used in different DOS and MS windows
> systems, used in floppies, memory cards for cameras, MP3 players etc.
>
> OK, the FAT system is, according to the web site not approved by USPTO.
>
> This procedure, to be able to patent something which has been in common
> use for many years is possible with the US "first to document" or what
> it's called. In Sweden and rest of Europe (I think) it is not possible
> to patent something which is already well known. Here we have first to
> file, so you can avoid this nasty effect.
>
> This could of course be seen as a "smart" move in the patent debate
> (but I hardly suspect this to be the intention...)
> At least this should be a good argument for US to change to "first to
> file" instead of first "first to document".
>
> /Roland
>
>
>
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