Originally posted by sido
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I did say allegedly. If anyone knows this has happened for sure then that is information that would be good for people ML has pursued over patents to know and fine to post openly for discussion. I think I saw in one thread discussion of whether one ML patent was being questioned as invalid.
Leaving aside whether ML does or doesn't do that- someone else could. This is the problem with secrecy. You can keep it secret and someone 'skilled in the art' can reverse engineer your secret and then patent it. Your trade secret becomes their patent! It might be possible to invalidate it if you prove they 'copied' but that also may not happen unless they take the person they copied to court as that person is still probably pursuing secrecy and the others (being sued) may not be aware it was invented by someone else unless they reverse engineer.
And even as Minelab agreed, there was no way they could stop the SD2000 schematic being published on Geotech. After all Zed actually owned the copyright to that circuit diagram! But they could warn about the patents that might be embodied. So even Minelab tells us that only patents count and its true. Unlike with software, there is an inherent legal right to copy hardware. Under law, really only patents matter for hardware.
Now to the part in bold:
If true it is not their downfall. It appears to be their strength.
Now to the large font:
Not to excuse any over the top behaviour but the 'ridiculing' by some people of Minelab's patents might be caused by that.
This is a tough problem that you could pay some IP lawyers to solve- maybe. Their advice would be to patent .... Ka- ching here is the next invoice. You can see the path to secrecy has its problems. Even openly publishing may not stop a party patenting. Patent and Carl is right. You have to have $100 000s and nerves of steel. Maybe we have nerves of steel but when you compare our resources to a corporation protecting $98 million of revenue it is no contest- unless there is a billionaire philanthropist lurking in Geotech.
Should we forget it and keep things as they are or maybe start collecting stamps?
Overall, one solution is to work with an industry player to bring your design to market. There is no reason why that could not even be Minelab. Industry players are already are invested in the game and know how to play.
I think we are a smart and innovative enough bunch to figure out how to organize and work together to solve this problem.
Chudster
good one
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