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Re: [PanoToolsNG] German Panorama Patent ???? Topexpert GmbH ???

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  • Thomas Bredenfeld
    they haven t a patent. they tried to get one and it was refused. what they have now is a protection of utility patents (in german gebrauchsmusterschutz ).
    Message 1 of 3 , Jul 20, 2013
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      they haven't a patent. they tried to get one and it was refused. what
      they have now is a "protection of utility patents" (in german
      "gebrauchsmusterschutz").

      they try to "convince" the customers of vr photographers to pay a
      license fee as the have registered a virtual tour functionality running
      in mobile devices. they are now actively searching websites with virtual
      tours which are also running on mobile devices. obviously it's the
      business model of these patetn trolls.

      such a "gebrauchsmusterschutz" can be easily registered and isn't
      examined by the patent authority and generally subject to eventual third
      party objection. so it's easy (given the technical history around this
      topic) to claim the cancellation of this registration.

      for all german speaking list members: there's a group on
      panorama-forum.net which is currently collecting cases to get into
      action against them
      (http://www.panorama-community.net/wbb/index.php?page=Thread&threadID=8829&s=4511a3cb3cf891f9189fd6deb6e1f5eb598f9a59)

      if your customers are getting such letters too, joining this group isn't
      a bad idea, i htink.

      Am 20.07.13 19:54, schrieb texas360dave:
      > This information comes from WWP Yahoo list
      > http://tech.groups.yahoo.com/group/wwp/messages
      >
      > Seems a German Company Topexpert GmbH has a panorama patent
      >
      > http://www.heise.de/foto/meldung/Post-von-Patentanwaelten-wegen-Panoramas-im-Internet-1919870.html
      >
      >
    • Erik Krause
      ... No, they don t. The patent was rejected. What they have is a Gebrauchsmuster , which is something different: http://en.wikipedia.org/wiki/Utility_model
      Message 2 of 3 , Jul 20, 2013
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        Am 20.07.2013 19:54, schrieb texas360dave:
        > This information comes from WWP Yahoo list
        > http://tech.groups.yahoo.com/group/wwp/messages
        >
        > Seems a German Company Topexpert GmbH has a panorama patent
        >
        > http://www.heise.de/foto/meldung/Post-von-Patentanwaelten-wegen-Panoramas-im-Internet-1919870.html

        No, they don't. The patent was rejected. What they have is a
        "Gebrauchsmuster", which is something different:
        http://en.wikipedia.org/wiki/Utility_model

        And this one is illegal: "In Germany a utility model is considered to be
        new if it does not form part of the state of the art. The state of the
        art comprises any knowledge made available to the public by means of a
        written description or by use within Germany before the date relevant
        for the priority of the application."

        Also the Topexpert GmbH only want's to sell licenses, which indicates
        that they know they can't enforce it legally. It's mere patent trolling,
        nothing more.

        --
        Erik Krause
        http://www.erik-krause.de
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