[hpsdr] SDR Patent application that will kill hpsdr

[Steven Bible]

Everyone,

This is _NOT_ a patent application.  This is a provisional.  

>From Wiki (http://en.wikipedia.org/wiki/Provisional_patent)

Under United States patent law, a provisional application for patent is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but which does not mature into an issued patent unless the applicant files a regular patent application within one year. There is no such thing as a "provisional patent".

Once it does (if it does) undergo a full examinition, then the issue of prior art come into play.

73, Steve N7HPR




-----Original Message-----
>From: Jeremy McDermond <mcdermj at xenotropic.com>
>Sent: Aug 8, 2011 8:35 AM
>To: Robert McGwier <rwmcgwier at gmail.com>
>Cc: "hpsdr at lists.openhpsdr.org" <hpsdr at lists.openhpsdr.org>
>Subject: Re: [hpsdr] SDR Patent application that will kill hpsdr
>
>***** High Performance Software Defined Radio Discussion List *****
>
>On Aug 8, 2011, at 8:29 AM, Robert McGwier wrote:
>
>> ***** High Performance Software Defined Radio Discussion List *****
>> 
>> You are right but we have a friendly attorney in our midst and we cannot let this guy patent OpenHPSDR ideas unchallenged.
>
>I guess I'm the unfriendly one.  That's what I get for being in criminal instead of patent law.
>
>My woefully inadequate understanding is, though, that the US patent system doesn't allow external input in the patent examination process other than for a two month period after the patent is published.  It was published in April according to USPTO so that time period has expired.
>
>The claims are very specific, though, and my understanding (again, woefully inadequate) is that the claims control what can be asserted, not the abstract.  The claims talk about a backplane with multiple "cores" on board, a power supply and even clocks.  This wouldn't necessarily apply to OpenHPSDR.  The patent, overall, doesn't seem particularly novel though.
>
>> 
>> Bob
>> 
>> 
>> Sent from my iPad
>> 
>> On Aug 8, 2011, at 10:57 AM, Chris Smith <chris at vspl.co.uk> wrote:
>> 
>>> Hi Bob
>>> 
>>> I suspect that the patent application can be negated by "prior art". i.e. HPSDR's backplane for that purpose has already been published and is already in the public domain.    See   http://en.wikipedia.org/wiki/Prior_art
>>> 
>>> But then I'm not a patent attorney. :-)
>>> 
>>> Cheers & 73
>>> 
>>> Chris G4NUX
>>> 
>>> 
>>> On 8 Aug 2011, at 15:40, Robert McGwier wrote:
>>> 
>>>> ***** High Performance Software Defined Radio Discussion List *****
>>>> 
>>>> This group had better respond and very negatively to this as soon as possible.  John, I am thinking of you.
>>>> 
>>>> Tao Wang has patent application 12/900803   for a backplane with boards in it that might include an LCD display for the purposes of SDR transmit and receive.  This is just above Phil Karn's cat exerciser patent (waving a laser pointer on the floor in front of a cat).  He is from Germantown Maryland. It was filed in April.
>>>> 
>>>> 
>>>> Bob
>>>> N4HY
>>>> 
>>>> -- 
>>>> Bob McGwier
>>>> ARS: N4HY
>>>> 
>>>> 
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>> 
>
>--
>Jeremy McDermond (NH6Z)
>Xenotropic Systems
>mcdermj at xenotropic.com
>
>
>
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