source file: m1528.txt
Date: Sun, 13 Sep 1998 10:42:57 -0500

Subject: Re: TUNING digest 1527:Patents

From: Gary Morrison <mr88cet@texas.net>

> A broad patent by Yamaha is clearly unacceptable and I propose that
> subscribers to this list write to the U.S. Patent Office and say just that.

   So the meaningfulness of the patent then comes down to what they *really
expect* to be able to pass off in court, and not necessarily what's in their
claims.  That since, as I mentioned, the first few claims of most patents are
admittedly undefendable, and included just to define terminology for the
claims they really do expect to be able to use.

   For example, their first few claims might claim the idea of a keyboard
(obviously undefendable, but included to define terms), the next few a
Bosanquet keyboard (also undefendable), and the last one or two to define a
particular electronic or mechanical mechanism (probably defendable, the idea
they really wanted to "protect", and probably not a really big deal for us).

   Of course I haven't seen the patent yet, so perhaps that's nothing like
the situation.

   Unfortunately, I doubt if there's much we can do about a patent already
issued, except to "invite" Yamaha to sue you over it.  As far as I know
anyway, once the PTO issues a patent, only the courts can throw it out.  Or
has it not been issued yet?

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End of TUNING Digest 1528
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