Re: [tlug] Nice reply by Torvalds

["Stephen J. Turnbull" <stephen@example.com>]

Keith Bawden writes:

 > I have no idea how patents really work, but would that $24 k be for a
 > global patent search or only for patents applicable in one
 > area/country?

This is what he told me would be required to do a good enough job to
be as sure as possible without a string of court tests that you have a
valid patent in the U.S., starting from scratch.  (Ie, you've got an
IP attorney, but he hasn't done that kind of patent before.)  It's an
upper limit.  In practice, you do a minimal search and then file, and
cross bridges later.  Obviously, the more you expect to rely on your
patent the more you'll spend.

This means a certain amount of global searching, because countries
honor each other's patents according to the various treaties and WIPO.
AIUI, if you have a valid patent in Japan, it becomes prior art in the
U.S., so nobody else can patent it.  Whether *you* can patent it
depends on timing; there's a certain grace period, but after that your
own patent in Japan interferes with your ability to patent in the U.S.
(In theory; it's unlikely to come up unless somebody really wants to
bust your U.S. patent.)