I think that if another program is already using it, then it is prior art and cannot be patented - though it depends how long the patent was in the pipeline. If the patent was applied for before the prior art, then it is still patentable. To be enforcable in other countries it must also be patented in those countries. IANAL, but have had a 1.5 hr patent seminar run at my work, which was pretty interesting (and scary).
Brad > -----Original Message----- > From: Luuk Paulussen [mailto:[EMAIL PROTECTED] > Sent: Monday, October 13, 2003 8:48 AM > To: [EMAIL PROTECTED] > Subject: Re: OT american patents > > > Can they patent it if other people are already using it? > > > >From: Paul William <[EMAIL PROTECTED]> > >Reply-To: [EMAIL PROTECTED] > >To: CLUG <[EMAIL PROTECTED]> > >Subject: OT american patents > >Date: Sat, 11 Oct 2003 18:14:29 +1300 > > > >Hi guys, > > > >I read on /. that MS has patented the > >user-is-typing-a-message-notification IM feature used by jabber and > >other IM systems. If a US patent is taken out can it be > enforced in NZ? > > > ><README> > >I an NOT asking for legal advice - just interested > ></README> > > > >I would really miss the user-is-typing-a-message-notification > > > >Cheers > > > >Paul > > > > _________________________________________________________________ > Find your perfect match @ http://personals.xtramsn.co.nz > with XtraMSN > Personals! > >
