Comment by TheDong
6 years ago
For the purpose of a patent, that doesn't help.
"Independent creation" is a valid defense for copyright, but not for patents.
Something cannot be patented if prior art exists before the filing of the patent. It doesn't matter if you knew about it. Even if you can prove that the prior art is not something you were aware of at the time you filed for a patent, your patent is invalid.
That's how patents are supposed to work; inventions must be "non-obvious" to the point where no one else has ever created it nor described it before on the entire planet.
If google knows that someone else has created such things (as they must have after said visit), the only responsible thing to do is not file a patent, regardless of if they independently worked on it.
>If google knows that someone else has created such things (as they must have after said visit), the only responsible thing to do is not file a patent, regardless of if they independently worked on it. //
A job interview is not a public disclosure and so doesn't count as prior art. So novelty is not affected.
However, the applicant must derive rights (employment, assignment) from the inventor in order to apply for a patent.
In UK IIRC S.13 of the Patents Act allows an inventor to file to be named as the inventor (or co-inventor) and for the patent to be reassigned accordingly.
Of course taking Google to court is going to be a hard slog.
> inventions must be "non-obvious"
Friend of mine is an engineer with a law degree that works on patents. What he said was not obvious doesn't really catch what's going on. He said a patent is really a set of answers to a set of questions. The answers are usually obvious when you know what the questions are, but what questions are and why they are significant isn't obvious. That's where the work is.
Utility patents protect how you do something not what you do.
There are innumerable ways to implement an electronic book each novel and non-obvious way could qualify for its own patent.