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August 17, 2005
So Microsoft didn't invent the iPod after all
Here's an interesting explanation of the absurd patent shenanigans involving the iPod:
In reality it will not be approved because of this little thing called Prior Art. As you might have guessed, you can't patent something someone else is already shipping. Further in the US we use a "First to Invent" method rather than a "First to File." Clearly since the Apple product was ~you know~ shipping, they invented it before Microsoft and clearly the MS application was not novel.So why did Apple wait so long for the patent application? Probably because it just was not important. (and you aspiring inventors should know this) Once you ship (or publish info about) an invention you lose the right to patent it. Apple will lose on appeal and frankly, I'm not even sure why they bothered, probably only because Microsoft filed.
Posted by cw at August 17, 2005 02:55 PM
Comments
Weren't there MP3 players before the iPod? Is there something special here that I am missing about the iPod beyond the nice design? How can Microsoft or Apple cliam to have invented anything here?
Beside the claim is that patents encourage innovation by providing a 'fair' reward for creative innovation. What is fair in all this?
Posted by: Jeremy Horey at August 17, 2005 05:34 PM
Er... I don't think Apple invented the mp3 player. I think the ruckus was started by Rio.
Posted by: Anonymous at August 18, 2005 02:10 PM
No, Apple isn't claiming to have invented the MP3 player. But they (or at least some guys who sold them on the idea) invented the iPod, and more particularly, the concept of the iPod playlist.
Posted by: cw at August 18, 2005 03:15 PM
The first to invent didn't work with Edison and the phone.
Posted by: Anonymous at August 18, 2005 10:08 PM