Originally posted by Aziz
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But what is, when an already published idea is patented later? Isn't this a pure plagiarism?
I have a patent with Analog Devices that I later found out fell squarely on top of a prior patent, that I missed finding because it was in a completely different application. In another case, Motorola tried to sue us over a patent they obtained in ~1991, over a technique that we considered common-place and for which I found internal documentation dated 1969.
Considering the costs of patents and especially the costs of defending one, I have doubts that anyone would pursue a patent they know will be weak and easily overturned, unless the purpose of the patent is for marketing (and lots of people do this).
- Carl
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