> -----Original Message----- > From: Mally [mailto:[EMAIL PROTECTED] > Sent: 13 February 2004 2:56 pm > To: FlightGear developers discussions > Subject: Re: [Flightgear-devel] XML SCripting > > <snip> > However I notice from the slashdot story that the patent is > granted not pending! > What a bizarre state of affairs. Does anyone know what is the > situation > regarding its legality when there is obvious prior art (in > FG) and given that > the patent itself is for something totally obvious. Is there > no comeback on the > patent and trademark office if a bad/wrong decision is made? > (Nothing about > this in their FAQs!) > > Mally >
IANAPL (I am not a patent lawyer) but my understanding is... Generally you cannot rescind a granted patent (although I am sure that there are some exceptions to this rule). Prior art can be presented during the examination period which may prevent a patent from being granted, but once granted it is fixed. A granted patent can become effectively dud if it is challenged, and loses. Since it is the responsibility of the patent holder to defend the patent, in this particular case MS would have to assert that someone else was infringing their patent, and then there would be a discussion between lawyers to decide on licensing terms. If the infringing party is unwilling to license the IP, the case goes to court, where evidence is presented. It is at this point that prior art can be presented again, but it cannot be used to destroy a patent, just affect the court's ruling. That said, if the court rules in favour of the infringing party, this sets a precedent and the patent is worthless against any other identical infringements, and usually substantially weakened against all infringements. Richard _______________________________________________ Flightgear-devel mailing list [EMAIL PROTECTED] http://mail.flightgear.org/mailman/listinfo/flightgear-devel
