Re:Ask HN: Apple filed to patent an app concept that I relea...
by fpgeek on Tuesday March 27, 2012 @03:12AM
(#3760432)
> Even so, does that mean he can't continue using the concept without fear of legal threats?
Yes. To top it off, patent filings aren't made public immediately. There is a substantial delay (I think something like a 12 to 18 months, but I am not certain of that). Just one more way the patent system is a crazy, Kafkaesque mess.
Personally, I think independent inventions in the period between filing and disclosure should be considered prior art (or as evidence that something was obvious and/or "in the air"), but that's not the law, sadly.
Yes. To top it off, patent filings aren't made public immediately. There is a substantial delay (I think something like a 12 to 18 months, but I am not certain of that). Just one more way the patent system is a crazy, Kafkaesque mess.
Personally, I think independent inventions in the period between filing and disclosure should be considered prior art (or as evidence that something was obvious and/or "in the air"), but that's not the law, sadly.