> A 2012 study found that notorious patent troll Intellectual Ventures divides its portfolio among over 1000 different shell companies. Someone, somewhere must have written the "SELECT shell_company_id ..." query that ensures the correct company is put on the litigation letter. If you ever find yourself in that situation, stop and think for a second about what you are doing.
Patents are about sharing information – don't shroud them in secrecy
61–70 of 76 posts
Re: Patents are about sharing information – don't shroud them in secrecy
#62Earlier quoted context omitted.
Indeed, a granted patent includes a list of citations, and the presumption is that the office has found that the cited works are not disqualifying prior art. A published patent is assumed to not be self-disqualifying. I'm not a patent lawyer, but I've been involved in this stuff, often conducting extensive prior art searches. The gold standard for prior art is a single document that teaches everything in the claims o…
Thank you for your reply, it does actually change how I see the prior art thing played out. > Often, folks think that they've found prior art if they find one thing in one document and another thing elsewhere. Nope. Still, I think there must be something profoundly broken if you find the exact math in an old book, and the new patent basically says, "do that math on a computer".
Re: Patents are about sharing information – don't shroud them in secrecy
#63Earlier quoted context omitted.
The same software that is regularly reverse-engineered and made useless within six months of release?
Illegally, unfortunately :/
Re: Patents are about sharing information – don't shroud them in secrecy
#64Earlier quoted context omitted.
In my understanding the US is now on a first-to-file system.
Apparently it's first inventor to file, though I'm not entirely clear on what that means.
Re: Patents are about sharing information – don't shroud them in secrecy
#65Patents are primarily about getting a limited time monopoly. Publicly disclosing the invention is just a direct consequence and not a virtue of the patent system. So please stop marketing it like that. In many cases it is completely irrelevant because the invention is sold and can be reverse engineered. Also: > Encouraging people to share information so that others can use it to make further advances is the whole poi…
> Patents are primarily about getting a limited time monopoly. Nope. Patents have always been about encouraging public disclosure of secrets. This has been the case since they were invented by the Venetians in order to break trade guilds and their literal on-pain-of-death secret maintenance. The idea was to offer the secret-holder a deal: if you reveal your secret, you get a significant but temporary government-enfor…
[1] https://www.uspto.gov/web/offices/ac/ido/oeip/taf/us_stat.ht...
Re: Patents are about sharing information – don't shroud them in secrecy
#66Re: Patents are about sharing information – don't shroud them in secrecy
#67> In exchange for the right to sue others to stop using the invention, patent applicants have to disclose enough information about their invention to allow others in the field to make and use it. This seems unnecessarily stiffling. Can't we change this so that anyone can still use the patented tech, but at a reasonable price?
Re: Patents are about sharing information – don't shroud them in secrecy
#68Re: Patents are about sharing information – don't shroud them in secrecy
#69Earlier quoted context omitted.
If the specification is not enabling and novel to one skilled in the art (much less obvious), then it is not valid. Under rexam or court proceedings they will be worth the paper they're printed on. That's an expensive way to determine things, but it sounds like that particular section of art at the patent office isn't doing much. On the other hand they only have to hide one novel idea and unique claim in the list to…
When you go to court, the presumption is that the patent is valid. The judge is unlikely to be technical, and he must assume the experts at the patent office did their job. Since the patent office basically rubber stamps anything you send to them, it's a very uphill battle to start with. In my case, we submitted lots of prior art (some over 100 years old) to the court, and of course they shared this with the plaintif…
The jury found that the plaintiffs patents for measuring roofs on aerial imagery were valid, even though every photogrammetrist in the world would say otherwise. Hopefully they'll appeal and have better council...
Re: Patents are about sharing information – don't shroud them in secrecy
#70Earlier quoted context omitted.
In my understanding the US is now on a first-to-file system.
Apparently it's first inventor to file, though I'm not entirely clear on what that means.
In the "first to file" systems, you lose eligibility. In the "first inventor to file" system of the US, you have a grace period of one year from such disclosure before you lose eligibility, just like you did under the prior "first to invent" system.
To a decent first approximation, the change to the US system mostly just affects how things are handled if independent inventors try to patent the same thing.
Under the "first to invent" system, the patent went to whichever applicant invented the thing first. But when is something invented? When you first think of the idea? Or when you have reduced the idea to practice? Or sometime in between?
Under the US first to invent system, it was when you conceived the invention if you then worked diligently from that point to reduction to practice. If you stop so working and resume, your lose the prior invention date and your new invention date is when you resumed working diligently on reduction to practice.
When two or more inventors were claiming the same invention determining who was actually first under those rules could be difficult and messy, requiring hearings, and costing the inventors money for attorneys. Now with first inventor to file, we pretty much don't care who thought of it first--we just care which person who independently thought of it reduced it to practice and submitted their patent application first. That's a lot simpler, and requires no expensive hearings.