[vdr] European Patent Office Grants Intel Patent On Digital Video Recording

Philip Lawatsch philip at lawatsch.at
Wed Jul 6 18:25:50 CEST 2005


André Weidemann wrote:
> Harald Milz wrote:
> 
>> Huh -
>> http://wiki.ffii.org/SwpatVcrEn
>>
>> Does that mean Intel now owns all digital video recording and storing
>> techniques, as well as EPG??? What does that tell us about the clues
>> of the
>> European Patent Office? 
> 
> Nothing so far. Intel probaly was the first one to file this kind of
> patent.
> Take a look at the date when it was filed (2001-01-18).
> This is still about one year after the initial revision of VDR...
> So there is the "right of prior use". If VDR has been doing what ever
> the patent claims to protect, then it will be difficult for Intel to
> enforce the patent against VDR.(...I think).

IANAL but afair only the US patent system has something like prior art.
The EU patent system has a first come first serve way of giving away
patents which means that they could try to sue whoever they want.

See
http://pubs.acs.org/subscribe/journals/mdd/v04/i01/html/patents.html

Quote (talking about the US):

Perhaps most important, we are a country with a “first-to-invent”
system. Our system awards the patent to the person(s) who invented the
invention first, not to the one who filed the patent application first.
However, almost all other countries follow a “first-to-file” system, in
which the inventors who file the application first are awarded the patent.

kind regards Philip



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