Re:Apple is patenting Swift features
by snissn on Friday January 25, 2019 @09:59AM
(#18998449)
theoretically publishing an explanation of the methods and not patenting it is sufficient
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Re:Apple is patenting Swift features
by kevin_thibedeau on Friday January 25, 2019 @12:31PM
(#19000198)
Not since the US changed to first-to-file. A patent can be issued to another party and you can be sued for using your own invention. If an examiner never finds your prior art you're still on the hook to deal with the expensive legal process of defense and invalidation.
Elsewhere prior use is an absolute defence against being sued for patent infringement; I've not seen USA caselaw on this specific issue but I can't see how it could be different.
Prior use in public would count as "prior art" and void a patent too.