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Authored by: Anonymous on Monday, October 22 2012 @ 04:17 PM EDT |
I think this depends on what is actually described by the work of fiction vs
what is being patented.
Most fictional devices are only described in general terms - abstract ideas, not
technical details. Star Trek shows the shape and use of a touch screen, but not
how it is made. So I think you could still get a patent on the technology used
to create a touch screen.
Maybe software patents would be foreclosed since they are often granted with
only a general description.... :-)
IANAL[ Reply to This | Parent | # ]
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Authored by: Wol on Monday, October 22 2012 @ 05:59 PM EDT |
The classical examples given are the waterbed, and geo-stationary satellites.
Once you've described the concept of a mattress-sized sack of water, making
"a waterbed" is not patentable. The details of welding thick plastic
together to make a watertight seal may well be patentable, but if someone makes
a waterbed in a different manner to you, then tough, they're not infringing your
patent.
The geo-stationary satellite - well - really there's only one way to do it, and
Arthur C Clark published the - detailed - maths long before such satellites
could be launched. So there he really did foreclose any chance of
patentability.
But in general, science fiction is not - CANNOT - be prior art for a patent.
Because patents (should) cover the *implementation* of an idea, while sci-fi
(except in unusual cases) discloses the *concept* of an idea.
Cheers,
Wol[ Reply to This | Parent | # ]
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