To: Gregg Powers who wrote (20346 ) 12/24/1998 3:19:00 PM From: Dave Respond to of 152472
Gregg: I felt that I needed to respond to you. Once an "inventor" has an idea that becomes a patent, that "inventor" is allowed a monopoly on that particular idea for a predetermined period of time. Upon the grant of a patent, then this idea is published for the public to view and, if need be, modify.Companies spend millions to create proprietary technology positions. If competitors could simply choose to ignore a patent position and copy such inventions, then the technological world that we enjoy would rapidly descend into chaos. I completely agree with you and that is why the US has an extremely strong patent system. However, once a patent is published, if another "inventor" determines a way of "distinguishing" themselves over that patent, and it is a non-obvious way, then that other "inventor" is entitled to a patent and also a monopoly on that idea.How about software? Should I be able to "copy" the internal elements of Microsoft Windows, rewrite the GUI, and claim the technology as my own? How many software algorithms are inherent in QC's implementation of CDMA? Should none of these inventions be protected? I think Software code is still "non-statutory" subject matter and it cannot be patented. However, Software can be copyrighted. Most likely, Qualcomm (or any other company) that receives a patent will publish the software code in the patent.Why is Cadence Design suing Avant! for theft of trade secrets? Trade secrets are an entirely different "animal" than a patent. However, Patents, Trademarks, Copyrights and Trade Secrets are considered to be Intellectual Property. For example, the formula to Coke is a trade secret. If Coca-Cola patented the formula for Coke, once the patent expired, anyone could produce Coke and Coca-Cola could do nothing about it. dave