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Gnome patent troll stripped of patent rights

blog.opensource.org

31–40 of 197 posts

Re: Gnome patent troll stripped of patent rights

#31
post #17

https://foundation.gnome.org/2020/05/20/patent-case-against-... > Leigh Rothschild said “I’m pleased that we have managed to settle this issue amicably. I have always supported the innovation of open source software and its developers and encourage its innovation and adoption.” FOR SURE, BUDDY. That sounds like something Putin would say after he gets absolutely decimated by the Ukrainians.

Thanks for highlighting the line for everyone of us here. Unfortunately, please don't make HN comments similar to the Reddit ones... :')

Re: Gnome patent troll stripped of patent rights

#32

> “offers a number of ways to wirelessly share photos online such as through social media.” How was it possible to patent this in 2018? https://patentimages.storage.googleapis.com/01/50/f8/a8e7c12...

Seems like the patent office will sign everything that stands still for a certain time, regardless of their merits

Why wouldn't they? They make their moneyy from Patent Fees. If they stopped granting Patents their revenue stream dries up. They have no incentive not to approve patents.

I'm wondering why companies don't sue the Patent office when the patent used against them is invalidated (often some companies are still paying fees because they settled. )

Re: Gnome patent troll stripped of patent rights

#33
post #29
post #12

Earlier quoted context omitted.

I suspect lots of large companies that do make things but also hold many, many patents would object. Patents can a potent weapon, especially if you have a lot of them in a specific area. So to answer your question, I would expect opposition from anyone with a big portfolio who wants unencumbered range of motion to use them offensively. So for specific examples from the little corner of the world focused on here, I su…

They "hold many, many patents" (usually worthless) to have an "unencumbered range of motion to use them offensively" against similar entities. If the whole idea of using bullshit patents to defend against someone's threat of some other bullshit patents gets buried at last, then everyone wins because not having to trade "portfolios of bullshit patents" back and forth lowers costs of business for everyone. This was obv…

> This was obvious at least 30 years ago, where have you been?

Watching things like this happen:

https://www.theverge.com/2020/8/11/21363629/qualcomm-win-app...

What color is the sunrise on the planet you inhabit?

Re: Gnome patent troll stripped of patent rights

#34

Earlier quoted context omitted.

Let's say I'm some random individual, and I have a great idea, and I patent it. Let's say it's the patent on interval wipers on cars. But I'm not an auto company, so what I do with it is, I try to license the patent to auto companies. But they say, hey, this guy is a non-practicing entity, so we can invalidate his patent on that grounds alone, so why would we license it? That gets us a world without patent trolls, an…

It would not compare to my proposal directly because: “I try to license the patent to auto companies” Many patent trolls never even attempt licensing, they just wait to sue or settle. This would not remove all trolls but would be a first step.

The suit always comes after they try to license (a.k.a settle) and are denied.

Re: Gnome patent troll stripped of patent rights

#35

> “offers a number of ways to wirelessly share photos online such as through social media.” How was it possible to patent this in 2018? https://patentimages.storage.googleapis.com/01/50/f8/a8e7c12...

> How was it possible to patent this in 2018? Easy. I'm a former patent examiner and in my view, the root cause of most bad patents is obviously the lack of time patent examiners get. Most people here don't understand how patents are granted. Patent examiners don't get a lot of time. If I'm an examiner, and I can't find it in the time provided, and the application doesn't have some other issues (101, 112, etc.), the…

Where can patent examiners look for prior art?

Re: Gnome patent troll stripped of patent rights

#36
post #17

https://foundation.gnome.org/2020/05/20/patent-case-against-... > Leigh Rothschild said “I’m pleased that we have managed to settle this issue amicably. I have always supported the innovation of open source software and its developers and encourage its innovation and adoption.” FOR SURE, BUDDY. That sounds like something Putin would say after he gets absolutely decimated by the Ukrainians.

Thanks for highlighting the line for everyone of us here. Unfortunately, please don't make HN comments similar to the Reddit ones... :')

Hahaha, I definitely didn’t mean to kick off political discussion in here. I’m happy this isn’t Reddit.

Just couldn’t help but notice the similarity.

Re: Gnome patent troll stripped of patent rights

#37

> Perhaps it's time for the law to adjust to the point where the stakes for the troll are high Take that further. The stakes should be high against all adjacent patent holders. Ultimately if we want to keep a working patent system it's too much work to rely on piecemeal independent cases like this, albeit a great success. The system has to self-police to be fair, and perhaps the best people to keep trolls and mischie…

The problem is that the people who determine patent law (mostly patent officers/lawyers/judges) benefit from the current system.

Re: Gnome patent troll stripped of patent rights

#38

> “offers a number of ways to wirelessly share photos online such as through social media.” How was it possible to patent this in 2018? https://patentimages.storage.googleapis.com/01/50/f8/a8e7c12...

> How was it possible to patent this in 2018? Easy. I'm a former patent examiner and in my view, the root cause of most bad patents is obviously the lack of time patent examiners get. Most people here don't understand how patents are granted. Patent examiners don't get a lot of time. If I'm an examiner, and I can't find it in the time provided, and the application doesn't have some other issues (101, 112, etc.), the…

Another possibility would be to create some system with an opportunity for an adversarial legal process. Allowing experts in the field to weigh in (providing prior art and/or professional opinions on patentability) might take some of the burden off the patent examiners themselves.

Re: Gnome patent troll stripped of patent rights

#39
post #35

Earlier quoted context omitted.

> How was it possible to patent this in 2018? Easy. I'm a former patent examiner and in my view, the root cause of most bad patents is obviously the lack of time patent examiners get. Most people here don't understand how patents are granted. Patent examiners don't get a lot of time. If I'm an examiner, and I can't find it in the time provided, and the application doesn't have some other issues (101, 112, etc.), the…

Where can patent examiners look for prior art?

Patent examiners can look basically anywhere a member of the public can and some other places.

The internal search tools check a lot of patent databases and are quite good, but take time to learn.

The USPTO has a lot of subscription databases as well, including fancy AI/ML-based ones.

Many examiners will also search normal search engines like Google, though this can be tricky for legal reasons. If the application was not published yet then examiners are not allowed to get very specific in the search and other search engines as that could release confidential information to the search engine. The USPTO has agreements with the subscription databases to keep the searches confidential but no such agreement exists with Google.

In my view making new search tools like https://www.priorartarchive.org/ would not help the situation too much. It would be better to integrate more databases into the existing USPTO tools, as they are designed for serious power-searchers, and would make the new databases more visible. The internal search tool is much faster than the alternatives and operates by keyboard. Point-and-click search is much slower by its nature. Speed really is critical when time constrained and I think that is something not appreciated outside of patent organizations.

Re: Gnome patent troll stripped of patent rights

#40
post #38

Earlier quoted context omitted.

> How was it possible to patent this in 2018? Easy. I'm a former patent examiner and in my view, the root cause of most bad patents is obviously the lack of time patent examiners get. Most people here don't understand how patents are granted. Patent examiners don't get a lot of time. If I'm an examiner, and I can't find it in the time provided, and the application doesn't have some other issues (101, 112, etc.), the…

Another possibility would be to create some system with an opportunity for an adversarial legal process. Allowing experts in the field to weigh in (providing prior art and/or professional opinions on patentability) might take some of the burden off the patent examiners themselves.

One form of this already exists: https://www.uspto.gov/patents/initiatives/third-party-preiss...

Almost no one uses it, unfortunately.

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