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< Channel Intelligence vs. Uwyn : thoughts after the first day   Channel Intelligence patent : abundance of prior art >
Did Channel Intelligence jump the gun with the European patent complaints?

The official complaint from Channel Intelligence states the US patent number but it only vaguely mentions that they 'own the foreign equivalents'. I thus decided to search for them, and I found this: http://register1.epoline.org/espacenet/regviewer.

It turns out that the equivalent European patent is still under examination. I've contacted the Belgian patent office to see what the local status is and they're getting back to me shortly. With the abundance of prior art, it might actually be easy to stop the patent from being granted in Europe now. Apparently it's much more effective to intervene during the examination process than it is to contest the patent once it's granted.

posted by Geert Bevin in Channel Intelligence vs. Uwyn on Jul 23, 2008 9:50 AM : 9 comments [permalink]
 

Comments

Re: Did Channel Intelligence jump the gun with the European patent complaints?
Without a doubt, we can definitely prove prior art in the EU way before 2008, and definitely before 2000 for the US.

Good luck Geert, i really feel for you being at the wrong end of the law.
Re: Did Channel Intelligence jump the gun with the European patent complaints?
They've rattled the wrong chain ;)

Kirk
Re: Did Channel Intelligence jump the gun with the European patent complaints?
Just a few notes:
Prior art must be prior to a patent application, as the patent, if granted is considered from the time of application.

Also, patents tend to hold a set of "claims" that step by step/assertion by assertion of what it entails and does. The ideal case for prior art would be to be able to pin-point claim by claim how the prior art does the same thing (with no less claims, and no more).
Re: Did Channel Intelligence jump the gun with the European patent complaints?
Thanks for the suggestions Wille. Channel Intelligence filed the patent on December 28, 2001 and from the information about the European patent it seems that it wasn't granted yet. The prior art that I'm collecting in this post (http://rifers.org/.../channel_intelligence_prior_art) all predates that. I agree that once we chose to follow the path of preventing the European patent acceptance, it will have to be done properly. I'm still looking for more information about that, more specifically what the Belgian patent office has to say.
Re: Did Channel Intelligence jump the gun with the European patent complaints?
The fact that the application was made almost 7 years ago and has not yet been granted is good news, chances are it never will, at least not in its current shape, otherwise it probably wouldn't have taken so long.
..although I wouldn't relax just yet until that was a dead certainty.
Re: Did Channel Intelligence jump the gun with the European patent complaints?
Forgive my ignorance, but I thought software, algorithms etc couldn't be patented in Europe? Or is this the EPO still dealing in such patents, and leaving it to individual countries to throw cases out of court based on their own laws? Or is this somehow not a purely "software" patent?

Anyway, good luck, it would be a disgrace if this ends up being costly for you.
Re: Did Channel Intelligence jump the gun with the European patent complaints?
<i>Forgive my ignorance, but I thought software, algorithms etc couldn't be patented in Europe?</i>
Unfortunately, there are elaborate ways of working around it in your patent claims, perhaps most notably "accidentally" omitting the fact that the patent deals with software primarily.
Re: Did Channel Intelligence jump the gun with the European patent complaints?
Sounds like a bunch of scammers. If you live in Delaware, let the air out of their tires and burn them.

:D

:p
Re: Beware of Channel Intelligence!
Beware of Channel Intelligence! We hired this company years ago and had a horrible experience with this company, and now that we have done our research on this company’s legal history, we now understand why our choice to rely on them years ago is still causing us damage today. We also learned a little more about their revenue model too.

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