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Inventor says Google is patenting work he put in the public domain

arstechnica.com

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Re: Inventor says Google is patenting work he put in the public domain

#101

Post by rhino369 »

laumars wrote: post #51
wtetzner wrote: post #30

Earlier quoted context omitted.

> Granting a license to the code doesn't automatically prevent someone else from patenting the idea. But doesn't the fact that the code has already been released mean it's prior art?

Correct me if I'm wrong, but I think the US patent office doesn't check for prior art (that was one of the cut backs several years ago) so instead prior art is now something that has to be challenged in court.

You are wrong, but code repositories aren't checked because that is a needle in a haystack situation.

Re: Inventor says Google is patenting work he put in the public domain

#102

Post by DannyBee »

mikece wrote: post #5

What is the relative advantage of putting something into the public domain versus releasing under an Apache 2 or MIT license? The latter doesn’t restrict anyone’s use AND establishes a public record to refute what Google is trying to do. Additionally, communications by email could be via GitHub issues and open to all to see.

There are plenty of countries that don't have a public domain, or different patent laws, or ....

Re: Inventor says Google is patenting work he put in the public domain

#103

Post by throwaway2048 »

DennisP wrote: post #81
mbrumlow wrote: post #68

Earlier quoted context omitted.

Wait a fee is imposed? I get why I think but if your posting of prior art proves to be true then you should have your fee refunded.

I'd have to check but if I remember right, before issuance there's no fee for less than 20 items of prior art, and just a flat $200 fee for more. After issuance I think the fee is $35,000.

so you have to pay them $35,000 to show a patent they issued is bullshit.

Outrageous.

Re: Inventor says Google is patenting work he put in the public domain

#104

Post by analog31 »

codetoliveby wrote: post #2

But this is a bit of a dark area. Even if Google stopped pursuing the patent, who is to say that someone else wouldn't?

The patent application and its prosecution history become public knowledge, hence prior art against any further attempt to patent the same thing.

Re: Inventor says Google is patenting work he put in the public domain

#105

Post by laumars »

monochromatic wrote: post #62
laumars wrote: post #51

Earlier quoted context omitted.

Correct me if I'm wrong, but I think the US patent office doesn't check for prior art (that was one of the cut backs several years ago) so instead prior art is now something that has to be challenged in court.

That is completely wrong.

> That is completely wrong.

That maybe true but without any more detail your comment is still unhelpful.

Re: Inventor says Google is patenting work he put in the public domain

#106

Post by kyle-rb »

This reminds me of the "pull to refresh" patent that Twitter owns, but has promised to only use defensively.

Optimistically, Google wants a similar thing so they can defend the use of this technique if someone tries to seek royalties for use of this video encoding technique.

A little less optimistically, Google wants it so they can pull the license from a specific party if that party tries to sue them for an unrelated patent.

Re: Inventor says Google is patenting work he put in the public domain

#109

Post by pbhjpbhj »

monochromatic wrote: post #72
tehabe wrote: post #9

Another example why software patents don't really work. Because most thing software patents cover are not really inventions but ideas. Also the written code is already protected via copyright. That is the difference to a eg. wind mill, the blue prints are only protected by a patent, not by copyright. And it effects only the implementation.

What’s the difference between an invention and an idea?

An invention is the implementation of an idea, it can in theory be made. An idea can't be made.

A faster than light drive is an idea. A detailed description of a working physical device that can propel a vehicle faster than light; with sufficient detail that experts can make the device from the description is a potentially patentable invention.

Re: Inventor says Google is patenting work he put in the public domain

#110

Post by joshuamorton »

ocdtrekkie wrote: post #76
jhall1468 wrote: post #60

Earlier quoted context omitted.

You act like self-interest is black and white. Oracle persues profit at any expense, often via lawsuits. Google uses patents as a defense mechanism against other companies. Both are self-interest, but very different degrees.

Google isn't persuing profit via lawsuits... yet . Google is well positioned to patent troll when it stops being the top dog. In fact, Google already has Patent Shield, which provides a latent threat that if you leave their umbrella they can turn around and sue a company that used to use their services. Even if you have unwavering faith in a company's current leadership, when that leadership is not making money, they…

Fwiw, at least with google this is debatable, since the company is, for the purposes of voting stake, held by the leadership.

So the only people who could replace the leadership...are the leadership.

There's an argument that institutional investors can still influence mostly privately held firms, but I'm not sure how much I buy that in this case.

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