I read "patents" as "parents"
Am I evil, or is killing patents just plain fun?
71–80 of 124 posts
Re: Am I evil, or is killing patents just plain fun?
#72I do not know what jurisdiction the author is referring to when listing the requirements for a "good patent." But in the US novelty and non-obviousness are just two of the five requirements for a "good patent." The other three are just as important:[1] (1) patentable subject matter (2) utility (5) enablement After slogging through the language of a lot of patents you start to wonder how so many of them were deemed to…
Re: Am I evil, or is killing patents just plain fun?
#73The author doesn't understand the patent system. The government, via the patent office, is selling a monopoly on technology. If someone writes a frivolous application the patent office usually takes the money and grants it. Does the author think the patent office gives refunds ? There is no incentive for them to stop granting bad patents. While this situation persists, it makes financial sense to apply for a patent i…
I disagree.
a: If they are currently overrun with more work than they can handle, they can remedy this by refusing patents, thereby discouraging frivolous applications. Having done so, they can become a more efficient organisation.
b: Fees for continuations, amendments and extending response deadlines can be larger than the fee for simply issuing the patent.
c: As a Government entity, they have an interest in making as much money as possible change hands (and therefore attract tax). One way to do this is to occupy the applicants' lawyers with remedial work.
Re: Am I evil, or is killing patents just plain fun?
#74The author doesn't understand the patent system. The government, via the patent office, is selling a monopoly on technology. If someone writes a frivolous application the patent office usually takes the money and grants it. Does the author think the patent office gives refunds ? There is no incentive for them to stop granting bad patents. While this situation persists, it makes financial sense to apply for a patent i…
Re: Am I evil, or is killing patents just plain fun?
#75I do not know what jurisdiction the author is referring to when listing the requirements for a "good patent." But in the US novelty and non-obviousness are just two of the five requirements for a "good patent." The other three are just as important:[1] (1) patentable subject matter (2) utility (5) enablement After slogging through the language of a lot of patents you start to wonder how so many of them were deemed to…
1. Patentable subject matter. The Supreme Court declared that algorithms are not patentable in Benson (1972) and Flook (1978). The Court of Appeals for the Federal Circuit (the patent court) reversed the Supreme Court rulings completely by 1994's Alappat decision. Since then, very, very few especially egregious patents are rejected on subject matter grounds.
2. Utility is usually trivial to prove. If you're using it, it has utility.
4. (unmentioned) Invalidity on the basis of obviousness is a dead letter under CAFC precedent. The Supreme Court attempted to revive it in 2007's KSR v. teleflex, but the CAFC has overruled the Supreme Court on 35 USC §103 (the obviousness law). You pretty much need a single published public prior reference reciting or clearly suggesting every element in the claim to argue obviousness, which is exactly what you need to argue anticipation under 35 USC §102 (prior art).
5. Enablement is assumed to be automatically satisfied in software patent cases by 1997's Fonar precedent by the CAFC: “As a general rule, where software constitutes part of a best mode of carrying out an invention, description of such a best mode is satisfied by a disclosure of the functions of the software. This is because, normally, writing code for such software is within the skill of the art, not requiring undue experimentation, once its functions have been disclosed.... Thus, flow charts or source code listings are not a requirement for adequately disclosing the functions of software."
Also consider University of Pittsburgh v. Varian (CAFC 2014) where the CAFC decided that 3D computer vision imaging of people and articulated human movement is trivial and obvious post-solution activity that need not even be described or considered part of the claims on a medical imaging patent. The function of human motion detection is entirely covered by mentioning the two steps that particular spots will be tracked and then motion inferred. It's literally that bad.
If it sounds to you like the CAFC is waging an undeclared war on software, you may be right.
Re: Am I evil, or is killing patents just plain fun?
#76Why on earth i did not have read anywhere about USPTO officials return a letter to this so called patent troll with simple reply: "Explain this pattern in layman language." USPTO officials should have the power to inquire pattern applicants about their pattern until complete understanding, not to work alone and try to understand it by them self. It is hard to understand something technical, and it is utmost difficult…
Worse, patent obfuscation is baldly contrary to the purpose of patents, which is to make the knowledge contained in them available to the public. Were someone to start a startup where users got paid-by-the-view for making educational videos, that would not be too far off from the original intent of patents .
Re: Am I evil, or is killing patents just plain fun?
#77Earlier quoted context omitted.
Worse, patent obfuscation is baldly contrary to the purpose of patents, which is to make the knowledge contained in them available to the public. Were someone to start a startup where users got paid-by-the-view for making educational videos, that would not be too far off from the original intent of patents .
>Were someone to start a startup where users got paid-by-the-view for making educational videos, that would not be too far off from the original intent of patents. What makes you say that this was the "original intent" of patents? I've never seen anything to suggest this. See the U.S. Constitution: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusiv…
The original meaning of the word "patent" might be a bit of a clue here.
The problem that patents tried to solve was of people keeping their innovations secret (in order to maintain an edge on their competitors), and that when they died their secrets died with them. Encouraging people to make public work they were doing anyway way, in the first instance, the way the patent system promoted progress.
Re: Am I evil, or is killing patents just plain fun?
#78Does anyone know when all this started? Who got the first software patent and when?
Re: Am I evil, or is killing patents just plain fun?
#79I read "patents" as "parents"
I read patents as patients. It's weird how verb selection biases our reading of the object, falsely triggering our intrinsic capabilities for auto correction.
Re: Am I evil, or is killing patents just plain fun?
#80The author doesn't understand the patent system. The government, via the patent office, is selling a monopoly on technology. If someone writes a frivolous application the patent office usually takes the money and grants it. Does the author think the patent office gives refunds ? There is no incentive for them to stop granting bad patents. While this situation persists, it makes financial sense to apply for a patent i…
"The proper solution is to make it very easy to strike down bad patents ..." isn't this exactly what the author is trying to do? The author states that he uses StackExchange to "respond to requests for prior art that invalidate an overly-broad patent." Sounds like you two agree.
Do you really think that you can strike down a bad patent by simply sending some links for prior art to the USPTO ? Someone who applies for a patent must pay a fee to have it examined by an expert. I'm pretty sure that they're going to have to spend some time re-examining the patent and the new material to decide if it's relevant or not. I don't think that's going to be free.