Monday, 29 August 2011 21:47

Prior Art is just that... Prior Art. Even if it is Sci-Fi

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2001In the recent patent wars between Apple and, well just about everyone else you hear a lot about Prior Art.  This is when someone can point to something that was created or in use before the item in question was patented. For example, if I tried to patent a circular disk intended to hold data, video or music I would not get it because of the CD-ROM, the DVD-RROM etc. So what about Apple’s recent legal action against Samsung? They claimed that the Tab 10.1 was a copy of the iPad and violated their patent.  However, there is plenty or prior art to invalidate the concept design patent for the iPad.

One of the funniest that Samsung has brought to bear in the case is a screen shot taken from the Stanley Kubrick Movie “2001: A Space Odyssey” where two of the astronauts are sitting watching a video feed on a tablet device.  Now Apple fans will say that Apple is allowed to patent this because Mr Kubrick did not! So since they (Apple) spent their hard earned money to take this concept and make it real they deserve the patent.  Well there are two problems with that argument. First of all there were real tablets in existence before the iPad was even put to paper. But the second and one that I find the most ironic is that every movie is by its nature copyrighted. So images, concepts and ideas are considered the property of the copyright holder. This means that Apple violated Copyright when they designed the iPad.
Something to think about while we all wait for more interesting news.

Source CNET

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Read 2016 times Last modified on Monday, 29 August 2011 21:53

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