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They say they have a patent pending for that... wonder if it's true.
What are the patent regulations, does the patented invention actually have to work, or can any crazy thing be patented? In theory, a patented invention must be "useful", "novel", and "non-obvious". Most would say that "useful" requires that it actually work, at least to some extent. It used to be the case, long ago, that you had to actually build at least a working model and be able to demonstrate that the device worked. However, in practice, the rules have changed. Many patent claims are allowed based solely on a description (which must, again in principle, be sufficiently detailed to allow someone skilled in the art to reproduce the invention as described) and no working model is ever presented. It's also clear that many patent examiners are content to accept the filer's explanation about how and why the invention works, and that they're sometimes woefully ignorant of the actual state of the art and of the existence of relevant prior art. On the other hand, "patent pending" simply means that they've filed. It doesn't mean that the patent has been issued, or has even been allowed and is on the way to being issued. It's entirely possible that most or all of their claims have been, or will be laughed out of court by the patent examiner. Even if they do have a valid patent claim in the works, there's nothing definite to say that their flowery public description about how their product is supposed to work, corresponds at all closely to the wording in the patent claims. They might have filed a patent claim for some narrowly-worded aspect of the design of this specific product (e.g. a specific size and shape of the ripples), without trying to claim wider coverage via a "utility" patent and its description and claims. -- Dave Platt AE6EO Hosting the Jade Warrior home page: http://www.radagast.org/jade-warrior I do _not_ wish to receive unsolicited commercial email, and I will boycott any company which has the gall to send me such ads! |
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