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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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And whether the GPL bits predate the patents | 119 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
And whether the GPL bits predate the patents
Authored by: Anonymous on Thursday, December 06 2012 @ 09:50 AM EST

Because they probably do. The USPTO doesn't search Open Source/Free
Software projects for Prior Art to the best of my knowledge, and even if
they did, unless the Examiner was a programmer, they probably wouldn't
understand it.

The USPTO is less than competent.

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

GPL
Authored by: maroberts on Thursday, December 06 2012 @ 10:15 AM EST
My reasoning was that most of the patents appear to be for
composite systems rather than things like individual devices,
and it isn't until you stick several parts together that there
is a possibility of a patent infringement. As the GPL code is
(mostly) low level stuff the likelihood of a patent existing
over GPL code is not very high.

[ Reply to This | Parent | # ]

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