Chris Bonde wrote: > I am not sure about what you said about Prior art. When I was working > in a > patent department for a company prior art is anything in the public > domain, > including patents. Most of the US patent examiners cite older patents as > prior art then say your application is not new and novel. Then you > have to > argue that there is a difference. If you keep an idea as a Trade Secret, > you may suffer from it being patented. The idea of granting a letters > patent was to give a person certain rights to the idea if the person > disclosed the idea to expert workers in the field. Actually, the constitutional language said "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; " (Article I, Section 8) But I agree, the courts have taken a overly broad view of the word "limited". "forever less a day" is limited as well, but I don't think that was the meaning.
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