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Microsoft on wrong side of Korean patent ruling
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munji



Joined: 08 Sep 2006
Location: Daejeon

PostPosted: Sun Dec 03, 2006 4:46 pm    Post subject: Reply with quote

Juregen wrote:
... imho, if youy have a good idea, but not the funds to make it work, you can always sell it to someone who can.


Right.

There's a fantastic idea in JohnDoe's mind, he presents the idea to $$Corp to sell it (no one would buy without knowing whats the idea!), $$Corp gets the picture & decides not to buy the idea. $$Corp then launches its own product with the same idea (or slightly modified). Wtf could JohnDoe do?

Hence, the concept of patents for protection of IP.

Screwed, some say, but thats how it is.

Demophobe, patenting a "function" on a device like cellphone, ipod or PMP or my light switch or any other device is not any different than patenting a "function" on a software program. If its novel, its a valid IP and hence, patentable.

If whoever thought of auto-capitalization feature didnt protect their IP, everyone can implement that in own program & can not patent it now. Its common knowledge or public now. They'd have to find something novel in their idea.

I deal with patents and we usually (prefer to) apply for patent on a function/process (a novel idea to do something) and a way to implement it (one of the ways how to do it) in the same patent. It means that we have the IPRs on both the novelty and one particular way to achieve that function. If there's a previous patent on the supposed idea, we've got to modify our idea to not infringe on other's IPR before we can apply for a patent for ourselves.

To prevent others from getting even their toe in is one of the reasons why a majority of the existing patents on functions or processes are essentially very broad in scope and vaguely worded.
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Demophobe



Joined: 17 May 2004

PostPosted: Sun Dec 03, 2006 11:21 pm    Post subject: Reply with quote

Look, it's all about the court's interpretation of the patent and how far it reaches. As I said before, I am not trying to bash Korea here, but they have been giving MS a hard time over a number of issues, and one wouldn't honestly expect the ruling to go in favor of MS, would they? It's paramount to a rhetorical question; there is no way the Korean court would let this slide.

So, as far as the law is concerned in Korea, all is well and everything is on the right side. However, I feel that this is an example of how messed up the whole patent system is.

John Doe has an idea? Great! Get a patent on it, but don't lock up the whole system so nobody else can do the same thing a different way if they desire. This Korean guy should be allowed a patent on his algorithm or code, but not the entire idea. What if MS's algorithm is better? What if it's faster or senses the change quicker; what then has been done? The better product has been deemed illegal and the inferior product wins. Is there no room for 2 methods in the software world? Is it just a form of protectionism? No! Not in Korea! Rolling Eyes

I am a believer in thought. If someone re-invents something in a completely different manner with only the end result being the same, then I am for that. It's the spirit of competition, of capitalism, and patents like this only serve to stifle that.

This ruling says that no program sold in Korea can auto-switch between English and Korean. Manual switch? No problem, but no auto-switching. Not even if you create a totally different way to go about it, it's the automated aspect that is patented. I think that is lame-o.

I wonder if Dragon had Korean support for Naturally Speaking, where the user could simply speak the language of choice and the program would output it to the document, would that too be a violation? Interesting scenario.
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