285
cross-posted from: https://lemm.ee/post/5636484
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 28 Aug 2023
285 points (91.1% liked)
Android
27940 readers
58 users here now
DROID DOES
Welcome to the droidymcdroidface-iest, Lemmyest (Lemmiest), test, bestest, phoniest, pluckiest, snarkiest, and spiciest Android community on Lemmy (Do not respond)! Here you can participate in amazing discussions and events relating to all things Android.
The rules for posting and commenting, besides the rules defined here for lemmy.world, are as follows:
Rules
1. All posts must be relevant to Android devices/operating system.
2. Posts cannot be illegal or NSFW material.
3. No spam, self promotion, or upvote farming. Sources engaging in these behavior will be added to the Blacklist.
4. Non-whitelisted bots will be banned.
5. Engage respectfully: Harassment, flamebaiting, bad faith engagement, or agenda posting will result in your posts being removed. Excessive violations will result in temporary or permanent ban, depending on severity.
6. Memes are not allowed to be posts, but are allowed in the comments.
7. Posts from clickbait sources are heavily discouraged. Please de-clickbait titles if it needs to be submitted.
8. Submission statements of any length composed of your own thoughts inside the post text field are mandatory for any microblog posts, and are optional but recommended for article/image/video posts.
Community Resources:
We are Android girls*,
In our Lemmy.world.
The back is plastic,
It's fantastic.
*Well, not just girls: people of all gender identities are welcomed here.
Our Partner Communities:
founded 1 year ago
MODERATORS
Fiction can only be used as prior art when what you see (or read about) is all there is to it, such as rounded corners.
It makes sense for fiction to be used as prior art in something like the rounded corners case, as the prop in question basically was an implementation of that patent in real life. Even though it isn't housing any real electronics, the plastic casing itself still exists, and simply putting some electronics inside doesn't make it a sparkly new invention.
It works less well when there are details in the implementation that aren't covered in said fiction or hand waved away with The Force or something. The sliding doors in Star Trek would be an example, as although the doors are seen to slide, you can still patent a mechanism that makes this effect possible.
I apologize, I don't think we're disagreeing. Fiction can, but often doesn't, describe something in sufficient detail to be cited as "prior art" during a patent application or dispute. It comes down to how broad the claims are in the patent.
If someone were to try and patent "sliding doors", a patent examiner could point at Star Trek and say "Sliding doors are already described in published material, your invention is not original".
If someone were to try and patent "Mechanism X, used for making sliding doors slide", that might be patentable because Star Trek (and other published material) didn't describe Mechanism X.
I would agree that we are... agreeing. Just with different wording lol