tag:blogger.com,1999:blog-5574479.post8005106018684636494..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: "Design Around": Is What's Sauce for the Patent Goose Sauce for the Copyright Gander?Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-44783171645168803182013-07-26T16:20:04.498+01:002013-07-26T16:20:04.498+01:00It's normal to try and push the boundaries in ...It's normal to try and push the boundaries in any field - I firmly believe that designing around actually makes industries more creative. Otherwise, if there is a clear and easy path to follow, people just follow it and there is little progress.<br /><br />When it comes to the law, people always try to play the system. Sometimes you win, sometimes you lose. I'm sure that if Judge Denny Chin knew of a loophole to get out of a speeding ticket, he would probably use it. Technology evolves and the law evolves. I see no problems with that.James Earlnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-22953474011246455902013-07-26T12:45:25.876+01:002013-07-26T12:45:25.876+01:00Surely designing around [copyright] law is more an...Surely designing around [copyright] law is more analogous to what tax lawyers have been doing for years: finding ways to 'streamline' the tax affairs of the very rich.<br />A more interesting debate might concern the idea of designing around a copyright work itself, something which is most definitely frowned at. One has only to look at the <a href="http://ipkitten.blogspot.co.uk/2012/01/wheels-on-birss.html" rel="nofollow">'Red bus' case</a> in the UK to see that a defendant's admission that he deliberately altered certain aspects of a photograph he admired, whilst copying the idea embodied in it, can fatally wound his case.Andy Jnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-71199639917830484662013-07-26T12:24:58.566+01:002013-07-26T12:24:58.566+01:00This is slightly tangential to designing around st...This is slightly tangential to designing around statute, but I think when drafting claims many attorneys do consider the 'full panoply of meanings replete by the use of such term'. There is the 'on the face of it' meaning and then there are meanings which the term can be stretched to if needed, but which can equally be denied if needed.<br /><br />In the back of our minds we also know that 'equivalents' are covered in Europe and the US, that there is purposive construction in the UK and that some territories (such as Germany) will give weight to the inventive concept when deciding claim scope.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-74111353728004601042013-07-26T12:16:31.596+01:002013-07-26T12:16:31.596+01:00Rich L: Heath Robinson indeed predates Rube Goldbe...Rich L: Heath Robinson indeed predates Rube Goldberg. A more interesting issue, though, is whether Heath Robinson's drawings count as enabling disclosures with regard to Rube Goldberg's later contrivances.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-88852000910566841192013-07-26T12:08:40.266+01:002013-07-26T12:08:40.266+01:00Heath Robinson would be the UK equivalent of Rube ...Heath Robinson would be the UK equivalent of Rube Goldberg, and also predates Mr Goldberg.Rich Lnoreply@blogger.com