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Moom removed from sale due to patent violation claim

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Re: Moom removed from sale due to patent violation claim

#41
so.. as programmers, we should be getting a patent first on any new idea before we begin programming? So much for an MVP.

We need tools to simplify the process of writing a good patent. The current system is skewed towards business types that would rather game the system than create an actual thing.

Re: Moom removed from sale due to patent violation claim

#42

I was about to complain loudly about bullshit patents, but then I took some time to read the actual patent (make sure to look at the images too!), and it turns out that this patent describes a method that is very similar to what Moom does (judging by screenshots). This is not a case of the overly broad patents that we usually complain about, this is a very precise patent.

Being similar doesn't justify it as a patent. A core foundation of patents is that the invention be novel and non-obvious to a practitioner. If countless people independently -- without learning from the claims -- derive exactly the same "invention", it is an invalid patent. Of course then you have to actually get it invalidated, at great time and expense.

It is completely a bullshit patent. The patent office got their fees, and then they'll get their fees again to re-evaluate it.

Re: Moom removed from sale due to patent violation claim

#43
post #13

The patent describes something very like Moom's "Grid" feature (I think the «select more than one selectable region» bit is the key restriction). So if the patent stands up, I suppose they'd have the option of just removing that feature.

I wonder if they can engineer around the patent by having the user customize their own regions.

Re: Moom removed from sale due to patent violation claim

#44
post #31
post #22

Earlier quoted context omitted.

The patent doesn't appear to describe tiling window management, but the composition of a window layout using a number of menu options that integrate neatly with the existing environment's window controls, and that visually demonstrate their effect. Indeed the patent describes a user interface to accomplish this that looks very similar to screenshots of Moom. My experience with the USPTO is that statements like "I don…

>The patent doesn't appear to describe tiling window management It does though. The screenshots show grid options, and describe how the end user can place windows in the grid. It specifically complains about how MS Windows has overlapping windows. Grid + no overlap == tiling. >Indeed the patent describes a user interface to accomplish this that looks very similar to screenshots of Moom. Sure. The argument about "nove…

It may be silly, but remember that the US uses first-to-file, not first-to-invent.

Re: Moom removed from sale due to patent violation claim

#45

There's something fundamentally broken about the patent system.

It's difficult to say where the fault lies. I would rather live in a world of patents than not, if we insist on sticking to the idea of not forcing research and discoveries into the public domain. What would have prevented this particular case?

[deleted]

Re: Moom removed from sale due to patent violation claim

#46
post #44
post #31

Earlier quoted context omitted.

>The patent doesn't appear to describe tiling window management It does though. The screenshots show grid options, and describe how the end user can place windows in the grid. It specifically complains about how MS Windows has overlapping windows. Grid + no overlap == tiling. >Indeed the patent describes a user interface to accomplish this that looks very similar to screenshots of Moom. Sure. The argument about "nove…

It may be silly, but remember that the US uses first-to-file, not first-to-invent.

First to file, though, is just about the patent being granted. Once you start using your patent to bully people, prior art, even non-patented prior art, can be used against you.

Edit: "Once the patent has issued, you can challenge it at the USPTO by filing a request for reexamination of the patent"[1]

[1] https://www.uspto.gov/patents-maintaining-patent/patent-liti...

Edit2: It's also possible there are overlapping, earlier patents. This one looks promising...compare the drawings: https://www.google.com/patents/US5712995

Re: Moom removed from sale due to patent violation claim

#47
post #46
post #44

Earlier quoted context omitted.

It may be silly, but remember that the US uses first-to-file, not first-to-invent.

First to file, though, is just about the patent being granted. Once you start using your patent to bully people, prior art, even non-patented prior art, can be used against you. Edit: "Once the patent has issued, you can challenge it at the USPTO by filing a request for reexamination of the patent" [1] [1] https://www.uspto.gov/patents-maintaining-patent/patent-liti... Edit2: It's also possible there are overlapping,…

That's not what 35 USC. § 273 says. It says that commercial prior use may be legitimate defence for that prior use, which isn't the same thing at all.

Re: Moom removed from sale due to patent violation claim

#48

There's something fundamentally broken about the patent system.

It's difficult to say where the fault lies. I would rather live in a world of patents than not, if we insist on sticking to the idea of not forcing research and discoveries into the public domain. What would have prevented this particular case?

This is an obvious feature for just about any user, making it nonpatentable by the criteria of USPTO, as far as I understand it. This is also not novel, though it is very useful (for the other 2 criteria).

Re: Moom removed from sale due to patent violation claim

#49

I was about to complain loudly about bullshit patents, but then I took some time to read the actual patent (make sure to look at the images too!), and it turns out that this patent describes a method that is very similar to what Moom does (judging by screenshots). This is not a case of the overly broad patents that we usually complain about, this is a very precise patent.

Being similar doesn't justify it as a patent. A core foundation of patents is that the invention be novel and non-obvious to a practitioner. If countless people independently -- without learning from the claims -- derive exactly the same "invention", it is an invalid patent. Of course then you have to actually get it invalidated, at great time and expense. It is completely a bullshit patent. The patent office got the…

It's only a bullshit patent if you have pockets deep enough to take them to court over a patent issue. And, the patent holder is considered "Right" until otherwise proved.
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