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Old 12-01-2011, 10:28 AM   #19
Hellmark
Wizard
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Join Date: Jun 2009
Location: Foristell, Missouri, USA
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Quote:
Originally Posted by HansTWN View Post
Take 6,891,551 --- the function is "changing size of selected text area". The way the function is being executed in this case is by dragging handles. That is protected, so they must either pay license fees or find a different way to do it. What is not protected is "changing the size of selected text area". That is what I meant.
The thing is though, its more of a visual design concept than a function, and thats why software isn't always patentable. The patent's verbiage describe how it looks, and how it is used, but no details as to how it works. Typically patents are for the method in which it works.

One of the problems facing copyrights and patents right now, is the regulating agencies, such as the USPTO, are being barraged and do not have the resources to effectively research each submission. Due to that, patents are being pushed through that ordinarily would not be allowed, and the burden then falls on the court system. Once a patent is granted, can be invalidated by the courts, but only if it is brought forth to them in an attempt to enforce the patent. As with most lawsuits, they end up being settled out of court, so the courts don't get a chance to rule on it. End results, companies profiting off what should be bunk claims.
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