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Date:      Fri, 30 Mar 2001 03:44:33 -0800
From:      "Ted Mittelstaedt" <tedm@toybox.placo.com>
To:        "Beech Rintoul" <akbeech@anchoragerescue.org>, "Kyle" <freebsd@sysmach.com>, <questions@FreeBSD.ORG>
Subject:   RE: patenting the digit 1 and 0
Message-ID:  <002201c0b90e$ca318ea0$1401a8c0@tedm.placo.com>
In-Reply-To: <01032916345402.05457@galaxy.anchoragerescue.org>

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>-----Original Message-----
>From: owner-freebsd-questions@FreeBSD.ORG
>[mailto:owner-freebsd-questions@FreeBSD.ORG]On Behalf Of Beech Rintoul
>>
>You can't patent something that is already public domain. Now if he can
>improve them and use them in a new windoze version..........
>

Jokes aside, I beg to disagree, you most certainly can patent something
that's in the public domain, if the patent office researchers happen to
overlook
the prior use.  There's been many instances of this happening.  It's
harder than heck to get a patent invalidated once it's issued, mostly
the Patent Office tells you to get lost and fight it out directly with
the patent holder.

Granted, if you can show good examples of prior use, the patent is not
enforcable, but if the patent holder decides to sue you then your still
going to end up in court.  While you eventually will prevail it's a big
waste of time and takes a lot of money that takes a long time to get
back, and the threat of this has been used by the patent holders just
as effectively to muzzle competition.  This is the entire controversy
over the Unisys patent on the compression in .GIF files.  (which fortunately
expires this year)


Ted Mittelstaedt                      tedm@toybox.placo.com
Author of:          The FreeBSD Corporate Networker's Guide
Book website:         http://www.freebsd-corp-net-guide.com



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