*BSD News Article 6969


Return to BSD News archive

Xref: sserve comp.org.eff.talk:9580 misc.int-property:655 comp.unix.bsd:7018
Path: sserve!manuel.anu.edu.au!munnari.oz.au!spool.mu.edu!caen!nic.umass.edu!m2c!jjmhome!smds!rh
From: rh@smds.com (Richard Harter)
Newsgroups: comp.org.eff.talk,misc.int-property,alt.suit.att-bsdi,comp.unix.bsd
Subject: Re: Patents:  What they are.  What they aren't.  Other factors.
Message-ID: <1992Oct24.065933.3486@smds.com>
Date: 24 Oct 92 06:59:33 GMT
References: <id.X18U.D6J@ferranti.com> <1992Oct20.201929.3183@fcom.cc.utah.edu> <id.R3AU.4ZF@ferranti.com> <1992Oct23.204711.17987@fcom.cc.utah.edu>
Reply-To: rh@ishmael.UUCP (Richard Harter)
Organization: Software Maintenance & Development Systems, Inc.
Lines: 23

In article <1992Oct23.204711.17987@fcom.cc.utah.edu> terry@cs.weber.edu (A Wizard of Earth C) writes:

>>About 6 months ago, when I assembled the kids' swing set. It had a built
>>in lock nut and a nylon bearing. I'm pretty sure that technology itself
>>(integral nylon bearings) is fairly new...

>This is not new; a combination of existing technologies isn't patentable.
>Perhaps I should have asked "when was the las time you saw a new patentable
>design for a sheet metal screw?".

It may or may not be, depending on whether it is "obvious to a skilled
practioner in the art".  Who decides what is obvious to a skilled
practioner in the art?  In order, the patent examiner, the court of
appeals, and the supreme court.  For the purposes of patent law the
sumpreme court is divided into two groups, the infallible five and
the furious four.  The composition of the two groups varies from case
to case.  The criteria that the infallible five uses are an example
of applied chaos theory.
-- 
Richard Harter: SMDS Inc.  Net address: rh@smds.com Phone: 508-369-7398 
US Mail: SMDS Inc., PO Box 555, Concord MA 01742.    Fax: 508-369-8272
In the fields of Hell where the grass grows high
Are the graves of dreams allowed to die.