[MURG] Uploading IP (intellectual property)
Joseph J. Strout
joe at strout.net
Tue Mar 2 13:42:22 EST 2004
At 5:31 AM -0500 3/2/04, Randal A. Koene wrote:
>Right. But if the original research is patented, could the original
>researcher forbid the use of that research for any extensions that would
>be patented in a "bad" way? In short, could it give leverage the way the
>GNU GPL does in copyrights?
No, I don't think so. If the extensions merit a patent, then they
are considered a new invention and the original patenter would be
unlikely to win any lawsuit he might bring to bear, or so I believe
(usual disclaimers apply).
These are fairly standard patent tricks; you try to make a patent's
claims as general as possible because otherwise, somebody can make a
simple modification to what you did and thereby get around your
patent. But the more general the claims are, the less likely the
patent application would be approved.
Copyright law is different; you're talking there about actually using
material written by another, and there is substantially more
protection against that.
Best,
- Joe
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