At 10:23 AM 1/26/2006, Nathan wrote:
Probably the best thing to do here would be to read the actual patent
filing. If the "scientist's" claims are vague enough, he may simply be
trying to prevent anyone else from ever releasing anything like it.
Of course, this might be a moot point, since it's a bit of a known trick
to never actually allow a patent to be finalised, but rather keep it
"patent pending", because your idea is still protected, but you can keep
changing and adding to your patent claims as you wish (apparently some
people/companies do this to help squash potential competitors).
One well-used technique is the so-called 'submarine' patent whereby you
keep making changes and going back and forth with the examiner for years.
All the while others have independently discovered your idea and (if its a
basic patent) develop whole industries around it. Eventually these
industries mature and then you let the patent process complete. The patent
now 'surfaces' and you send out letters to all largest companies in the
field demanding royalties or else. This was successfully executed with
basic patents on the laser. Think of how many products use lasers...
In both the EU and the U.S. there have been changes to the patent process
in the last few years (e.g., exposing patent filings after a certain time
period but prior to issuance sohers can see what you've been working on) to
help prevent this.
Steve
