pixelbomb

Last week it was reported by several sources that Apple was denied a patent for their iPod because someone at Microsoft beat them to the punch by filing a patent application first (which ironically came after Apple was already shipping the iPod). That rumor was quickly upgraded to fact when several news outlets picked up the story, one of which added that Apple was set to pay Microsoft “hundreds of millions of dollars” in royalties.

Wizbang decided to set the record straight and reminded everyone of this little clause called Prior Art.

Closer inspection says the Microsoft patent was rejected. It was modified in December of 2003 but Techweb INCORRECTLY says the patent was approved. It is still an application. [uspto.gov]

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.

[via Wizbang]

This entry was posted on Monday, August 15th, 2005 at 5:28 pm and is tagged with apple, commentary, iPod, microsoft, tech. You can discuss this entry, share pictures, and more in the pixelbomb forums. Responses are currently closed, but you can click here to generate a trackback url for your own site.