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Can patents be invalidated like this? I'm surprised this is the case. Makes the whole thing that much more absurd.



It's a design patent, so yes. Previous use of an equivalent design on a TV show is a good as design anywhere else.

On the other hand, if someone invents a working replicator, Star Trek will not count as prior art. :-)


Only because the show didn't go into sufficient detail about how the replicator worked.


It's just a serialized and retrieved transport. The key, as with the transporter, is in the Heisenberg compensators -- I have a feeling they may well be patentable under any system that allows patents.


Unless it was for a patent for the design of the said replicator...


Donald Duck was used as prior art to invalidate a method of ship raising. This was discussed at length on HN six months ago: http://news.ycombinator.com/item?id=2232857


You'd be hard pressed to invalidate a utility patent with some footage from a movie, because it probably wouldn't be "enabling." But design patents just claim ornamental designs.


Some footage could be considered "enabling". For instance if I wanted to patent "Slingshot-launched rideable rocket as a means for catching roadrunners" there'd probably be prior art.


Sure, in a simple technology... could happen. That's why I hedged my statement a little bit with "probably."


It can certainly happen before patents are approved. A description in Robert Heinlein's book, 'Stranger in a Strange Land' was used as prior art to prevent a patent on water beds.


So the solution to patent trolling is to have more hard sci-fi that describes mechanisms of upcoming future technology in detail, thus preventing companies from patenting them?


Works for me.


Regular [Utility] Patents can be invalidated by any prior disclosure of the invention, it doesn't matter what form that disclosure is in provided it is rendered in public (and, with a few more conditions, not part of a recognised trade show in the US).

There's a UK patent application, a doggy doorbell IIRC, that was refused based on a British children's comic called the Beano anticipating it.


That reminds me of something the New Scientist published years ago, ahh yes, the thermonuclear cat flap...

http://en.wikipedia.org/wiki/Arthur_Paul_Pedrick#Chromatical...

You couldn't make this stuff up.




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