[vdr] European Patent Office Grants Intel Patent On Digital VideoRecording

jori.hamalainen at teliasonera.com jori.hamalainen at teliasonera.com
Wed Jul 6 10:02:46 CEST 2005

>> 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).

"Prior use" is for closed systems where no public information is not available. 

But if VDR was public with concepts and source before 2001-01-18 then Intel could not patent the things what were already published by VDR community. In other words, the patent office did a bad job when making search of things prohibiting the patent (normally just browsing other patents of the same area, not VDR/DVB-mailing list snoop).

And above applies to tivo/replay-tv/m$ and other companies. You cannot patent already publicly known stuff. And this is why announcing and requesting features on the mailing list is important.. :-)

Best regards, Jori

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