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Re: [oc] Patents and their applicability
In Australia, patent protection is not limited to commercial use,
basically it covers any aspect of use for the IP which the patent
"teaches". However just as the patent office can not be sued for
"teaching" (ie disclosing) a patent, so any act of teaching or
disclosing which does not use a patent is ok.
IANAL and my patent experience excludes electronics.
Also one difference between Australia (and most of the world) and
America is and Aussie patent tends to be more literal (and limited in
scope, easier to sidestep and easier to obtain) and a US patent has
more coverage (but harder to sidestep, but more difficult ot obtain)
Also Australian courts are more willing to find against a patent
office decision than a US court.
And remember patents only protects what is in the claims, the over
stuff is less relevant.
----- Original Message -----
From: Niclas Hedhman <niclas@h... >
To: cores@o...
Date: Mon, 12 May 2003 16:08:40 -0800
Subject: Re: [oc] Patents and their applicability
>
>
> On Sunday 11 May 2003 11:19 pm, John Dalton wrote:
> > See the difference? In Australia, patents only cover
> commercial
> > activity. Hence provided I don't exploit it commercially, it
> > is legal for me to design and build anything. In the US, it
> > seems to be illegal to build or use a patented invention for
> > any reason.
>
> Well, that is USA in a nutshell. More lawyers per capita than
> anywhere else in
> the world, and they need work.
>
> Also, the USA PTO has recently start granting patents to what other
> countries
> would classify as "Intellectual Property", "Algorithm", "Concept",
> which are
> not patentable.
> Most notably, "Web Service" (as in serving content from a server to
> a browser
> over a network) has been granted very recently (although applied in
> 1994 or
> something)...
>
> Niclas
>
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