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Patent US8296192 – Method for making money on the internet

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Re: Patent US8296192 – Method for making money on the internet

#81

Post by smartician »

sytelus wrote: post #78

Couple of years back I'd proposed a cure for patent trolls: Large tech companies form a non-profit group and preemptively attack patent portfolio of companies that they mutually agree to be trolls. The entire business model of trolls hang on a fact that they will be the first attacker so their litigation expenses are small. If a patent troll gets spammed with 100s of lawsuits for bad patent grants at the same time, t…

Part of the definition of "patent troll" is that the troll undertakes no economic activity other than launching lawsuits. Therefore, a troll cannot be sued preemptively.

Re: Patent US8296192 – Method for making money on the internet

#82

Post by aptwebapps »

gcb0 wrote: post #66
kn0thing wrote: post #65

Earlier quoted context omitted.

In researching my forthcoming book, Without Their Permission, I found a great letter from Jefferson that went so far as to consider putting limits in the Bill of Rights: "Monopolies may be allowed to persons for their own productions in literature and their own inventions in the arts for a term not exceeding__years but for no longer term and no other purpose." Letter to James Madison, August 28, 1789 http://www.found…

Those letters are quaint and all, but unless ratified in laws are off topic.

Off topic in a real courtroom, maybe. In the court of public opinion, Jefferson holds some sway.

Re: Patent US8296192 – Method for making money on the internet

#83

Post by throwawaykf02 »

kn0thing wrote: post #65
jivatmanx wrote: post #18

"A man has a right to use a saw, an axe, a plane, separately; may he not combine their uses on the same piece of wood? He has a right to use his knife to cut his meat, a fork to hold it; may a patentee take from him the right to combine their use on the same subject? Such a law, instead of enlarging our conveniences, as was intended, would most fearfully abridge them, and crowd us by monopolies out of the use of the…

In researching my forthcoming book, Without Their Permission, I found a great letter from Jefferson that went so far as to consider putting limits in the Bill of Rights: "Monopolies may be allowed to persons for their own productions in literature and their own inventions in the arts for a term not exceeding__years but for no longer term and no other purpose." Letter to James Madison, August 28, 1789 http://www.found…

This, as with the patent comment, takes quotes out of context. The specific context relevant here is that while Jefferson was initially skeptical of patents, after only two months of being one of the first patent examiners, he became a firm believer. [1]

"An act of Congress authorising the issuing patents for new discoveries has given a spring to invention beyond my conception. Being an instrument in granting the patents, I am acquainted with their discoveries. Many of them indeed are trifling, but there are some of great consequence which have been proved by practice, and others which if they stand the same proof will produce great effect." - Jefferson to Benjamin Vaughan, June 27 1790 [2]

[1] http://www.monticello.org/site/research-and-collections/pate...

[2] http://founders.archives.gov/documents/Jefferson/01-16-02-03...

Re: Patent US8296192 – Method for making money on the internet

#85

Post by throwawaykf02 »

jivatmanx wrote: post #76
kn0thing wrote: post #65

Earlier quoted context omitted.

In researching my forthcoming book, Without Their Permission, I found a great letter from Jefferson that went so far as to consider putting limits in the Bill of Rights: "Monopolies may be allowed to persons for their own productions in literature and their own inventions in the arts for a term not exceeding__years but for no longer term and no other purpose." Letter to James Madison, August 28, 1789 http://www.found…

Jefferson was the U.S.'s first patent examiner, this eventually became one of his most time consuming duties. It's claimed that this indicates he supported patents, which is false, as this letter, written well after his duties, shows[0]. He was simply trying to have them applied as granted as strictly as possible [0] http://press-pubs.uchicago.edu/founders/documents/a1_8_8s12.... Thomas Jefferson to Isaac McPherson 1…

Actually, he did become quite a convert on the topic of patents. See my comment above to see his change in perspective in a letter dated a scant year after the one you cited: https://news.ycombinator.com/item?id=6118931

Re: Patent US8296192 – Method for making money on the internet

#88

Post by throwawaykf02 »

jivatmanx wrote: post #18

"A man has a right to use a saw, an axe, a plane, separately; may he not combine their uses on the same piece of wood? He has a right to use his knife to cut his meat, a fork to hold it; may a patentee take from him the right to combine their use on the same subject? Such a law, instead of enlarging our conveniences, as was intended, would most fearfully abridge them, and crowd us by monopolies out of the use of the…

To give fuller context: Oliver Evans, one of America's earliest prolific inventors, wrote to Jefferson [1] discussing the extent of his patent rights and his concern that they were being misrepresented anonymously [2]. This quote is from Jefferson's response [3] to that letter.

(It's worth following the links in the letters above to see the story unfold.)

Now, here's where it gets interesting: Evans asserted his patent against Jefferson, and Jefferson did grudgingly pay royalties [4].

It's interesting how the passage years and being at the receiving end of a patent changes one's perspective [5].

[1] http://founders.archives.gov/documents/Jefferson/03-07-02-00...

[2] http://founders.archives.gov/documents/Jefferson/03-07-02-00...

[3] http://founders.archives.gov/documents/Jefferson/03-07-02-00...

[4] "He enforced that patent against many mill operators, including Jefferson. From this experience, Jefferson understood the frustration of technology users confronted by activist patent holders. Ironically, it was his Board of Arts that granted Evans the patent." - http://www.hssonline.org/publications/Newsletter2009/July_Ma...

[5] "Jefferson's objections to the Evans patent are difficult to reconcile with the fact that his Board of Arts granted the patent in the first place. As much as he might argue, in 1813, that the Evans work was not novel, he and his colleagues had reviewed the Evans work in 1790 and considered it worthy of a patent at that time." - Jefferson Vs. the Patent Trolls: A Populist Vision of Intellectual Property Rights, Jeffrey H. Matsuura (http://books.google.com/books?id=10Tol-c7xH4C&lpg=PT74&ots=b...)

Re: Patent US8296192 – Method for making money on the internet

#90

Post by throwawaykf02 »

Andrenid wrote: post #47
danmaz74 wrote: post #20

Earlier quoted context omitted.

I assumed that nobody could think that the title could be what was patented ;)

As someone not familiar with how patenting really works, that's exactly what I thought at first, and reading patents isn't exactly a clear way to understand what is "actually patented" either. In this case when I read it I understood, but sometimes reading them leaves me MORE confuses.

Step-by-step beginner's guide to determining the scope of patents:

1. Read the claims.

:-)

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