What someone needs to do is get a business process patent on "Patent Trolling".
Patent troll Lodsys now after apps with 'More Apps' links
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Re: Patent troll Lodsys now after apps with 'More Apps' links
#12This annoys me because it is scaring off people from developing for smart phones. This patent is so vague that even if I did know every patent ever made then I would not even associate it with what patent he is claiming he has violated. Bring back Lulzsec for a day, get them to hack their systems and delete all their patents. I wouldn't be surprised if they had a patent for people communicating over the internet and…
Re: Patent troll Lodsys now after apps with 'More Apps' links
#13Re: Patent troll Lodsys now after apps with 'More Apps' links
#14Re: Patent troll Lodsys now after apps with 'More Apps' links
#15How is something this vague "directed to systems and methods for providers of products and/or services to interact with users of those products and services to gather information from those users and transmit that information to the provider" patentable?!
It involves a computer -- and the examiners employed by the PTO just don't have the time or training to properly understand computer patents. That's the only explanation. If examiners can't figure out whether something is patentable, they err on the side of good faith on the part of the applicant, and leave the question to the courts.
That's the only explanation? Doubtful.
I know someone at the patent office, an examiner who handles tech patents. When I asked about certain patents she explained that you need to look at the complete patent application and the specific behavior or items in the claim. Titles are often very broad for convenience. Also, patent applications tend to start broad and go narrow, with the overly broad requests (usually) denied.
If examiners can't figure out whether something is patentable, they err on the side of good faith on the part of the applicant, and leave the question to the courts.
Where did you get this information from?
As it was explained to me if a patent is not clear or what is being claimed not readily understood by the examiner then it gets sent back for revision. There does not appear to be any "good faith" involved.
Some patent holders like to claim that one of their narrowly defined patents applies to much broader behavior, and then threaten people with legal action. In this case it is quite possible for a non-tech judge to decide that a patent applies to things it really shouldn't.
I don't doubt there are bullshit patents or that some patent examiners aren't as educated as they should be, but I also don't see any reason to think the examiners are just so harried and untrained that they just shrug their shoulders and assume everything is legit.
There are two problems with the current patent system. One is that patents are granted where they shouldn't be. The other is that legitimate patents on specific, narrow, precise items or behavior are later used to extort money from people because untrained lawyers and judges will decide that a very narrow patent should, incorrectly, apply to more broader cases.
Re: Patent troll Lodsys now after apps with 'More Apps' links
#16What someone needs to do is get a business process patent on "Patent Trolling".
IBM has got that covered: http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Se...
Re: Patent troll Lodsys now after apps with 'More Apps' links
#17What someone needs to do is get a business process patent on "Patent Trolling".
Re: Patent troll Lodsys now after apps with 'More Apps' links
#18This annoys me because it is scaring off people from developing for smart phones. This patent is so vague that even if I did know every patent ever made then I would not even associate it with what patent he is claiming he has violated. Bring back Lulzsec for a day, get them to hack their systems and delete all their patents. I wouldn't be surprised if they had a patent for people communicating over the internet and…
Re: Patent troll Lodsys now after apps with 'More Apps' links
#19I'm beyond convinced that the entire software patent systems needs to be abolished.
Re: Patent troll Lodsys now after apps with 'More Apps' links
#20The only difference between Lodsys and large software/hardware companies like Microsoft and Oracle is the size of their litigation targets. I'm beyond convinced that the entire software patent systems needs to be abolished.