Re: Listening Get Together
A question for the patent guys-of which I am not one.
What exactly does getting a patent on something mean?
1: Does it simply mean that it is a unique idea or "twist" on an existing product or something that has not been presented before?
It must be novel (new) so not already known to those skilled in the art, or obvious (which is hard to prove. If it's obvious why wasn't it done before?), or published. In the context of patents, selling something using the invention counts as publishing it.
2: Is there anything in the process that actually confirms that the product/device actually do what it claims to do? If so-how is it verified or checked?
I recall one very high profile case 15 or 20 years ago when some guy tried to patent a perpetual motion machine. This has been tried before and is a big red flag for obvious reasons. He was asked to show a model that proved his claim. As usual with that particular type of claim there is some fundamental error in how they are measuring the input and output power. AFAIK they did not get the patent because we still do not have perpetual motion.
In the early days it was routine to have to present a working prototype or model to the PTO to prove that a design worked. I doubt they have the physical space to hold one of everything ever patented, but there are some historical old Wright bros proof of concept models etc. I never had to prove an invention, but conveniently for me, all of mine actually worked.
In my decades of experience dealing with patent lawyers and the patent office I have never been overly impressed by either. The outside patent lawyers who help prepare and marshal patents through the system are generally a few steps further up the food chain than the patent examiners. I think Einstein may have been a patent examiner in one of his early jobs, but that is not typical of the caliber of my encounters.
I have actually had patent applications denied, when the examiner found something using a word search that appeared similar, even if it wasn't (IMO). Sometimes I would not fight over a patent that probably wasn't that commercial anyhow, while it's hard to know up front which ones are and are not. At the time FLS was just another invention, but it did well for Peavey (and others). I abandoned one I was pursuing personally back in the '70s because I did not have the money to educate the examiner about a subtle real difference between two similar sounding things.
As I have posted about at length, and like with many things, this is a sport for those with deep pockets. The major companies accumulate war chests of numerous patents and they trade them around like chips with other big companies for chips in their war chest. When you can't make a deal you go to court and the man with the best (most expensive) lawyer wins. I do not expect to find justice about technical question in a legal court room. While the laws of physics may be finite, the language used in patent claims are lawerishly vague and imprecise. WTF is a "vortex" in the context of loudspeakers? I don't remember that from physics class, so in court the best BS'er wins.
JR