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Delaware judge discovers hidden entity recruiting people to be patent trolls

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Re: Delaware judge discovers hidden entity recruiting people to be patent trolls

#291

Current USPTO patent examiner here. The most effective way to eliminate bad patents would be to give examiners more time, say double the time across the board to start. If an examiner can't find prior art in the little time they're given, and they have no other reasons to reject the application, they'll have to grant it. The amount of time was (basically) set in the 1970s based on data from the 1960s. There have been…

[deleted]

Re: Delaware judge discovers hidden entity recruiting people to be patent trolls

#292

Current USPTO patent examiner here. The most effective way to eliminate bad patents would be to give examiners more time, say double the time across the board to start. If an examiner can't find prior art in the little time they're given, and they have no other reasons to reject the application, they'll have to grant it. The amount of time was (basically) set in the 1970s based on data from the 1960s. There have been…

What’s the best way to invalidate a patent when you have prior art from years before without lawyers? Or do you have to pay them no matter what?

Re: Delaware judge discovers hidden entity recruiting people to be patent trolls

#293

Earlier quoted context omitted.

They seemed unsure at the hearing of what exactly they had signed up for. Certainly, their LLCs could be subject to attorneys fees if the Court awards fees (which it generally only does in exceptional cases) or for sanctions based on attorney behavior. However, normally, only their LLCs would be liable rather than the owners personally--unless they fail to observe the corporate formalities.

> However, normally, only their LLCs would be liable rather than the owners personally--unless they fail to observe the corporate formalities. Failing to observe which formalities in particular would expose them personally to such liability?

Commingling assets, undercapitalization

Re: Delaware judge discovers hidden entity recruiting people to be patent trolls

#294

Earlier quoted context omitted.

Exactly, patents on software are just insane and anticompetitive. I can’t really think of a single good reason to have them. This is tech, it’s a race, everyone playing already knows that. All parents do is slow innovation or in some cases stop it entirely

I agree how today's parents slow innovation in their children or in some cases stop it directly \s

"patents" not "parents"

Re: Delaware judge discovers hidden entity recruiting people to be patent trolls

#295
post #78

Earlier quoted context omitted.

Every patent should be automatically granted and the courts can sort out the winners if there is a dispute. That is the system we have moved to.

I think we need a name for the fallacy that a process which accepts nearly every application is the same as no process (the same comment repeatedly shows up for warrants). With the former, you only get things which are designed to pass the process. With the latter, you get everything.

Selection bias?

Re: Delaware judge discovers hidden entity recruiting people to be patent trolls

#296

.. I now fear for the judges life.

This is not Brazil. They do not kill judges in the street.

They jail them on trumped-up charges.

https://www.dmagazine.com/publications/d-magazine/2022/octob...

Re: Delaware judge discovers hidden entity recruiting people to be patent trolls

#297

Earlier quoted context omitted.

> 3) reduced cost From what I've always heard, of all the benefits the cloud has, reduced cost is not one of them unless your compute need is exceptionally small (ie, you only need a few t3.* instances).

That’s because nobody who cut costs feels compelled to go out and proselytize about it. At the start of the pandemic I helped dozens of customers cut their spending to $XX pm as they were inherently crippled during COVID (think travel, hospitality). My management team at AWS supported this effort. It was actually one of our strategic goals. Anti cloud zealots are having their time just like pro cloud zealots did. You…

As one of the loud "anti-cloud zealots" out there, I agree with you that this is actually a workload-dependent decision (or a luxury product that you can buy to show that your company is rich and modern). I think a lot of big companies are going to be moving toward "hybrid cloud" in the near future if they haven't already: maintaining a few racks (or an entire DC) to handle their base load and then doing bursts of heavy computing in the cloud.

The days of the full cloud lift-and-shift are going away, and we're getting to the point where people make that decision rationally.

As an aside, I actually believe in the cloud enough that I am working on a startup for a piece of cloud infrastructure.

Re: Delaware judge discovers hidden entity recruiting people to be patent trolls

#298

Maybe patents is a bad idea and should be removed.

Software patents, "better paperclips", and a lot of other "lawyers get rich, bureaucracies get bigger, little people get screwed patents? - YES. (Some sort of IP protection or reward system is still needed for real inventions - where it takes serious money, expertise, time, etc. to achieve something major.) But maybe a better moral would be that shell corporations (& lawyers playing shell games with them) should be o…

Even for the big things like mRNA, intellectual property protection still doesn't make the right results for society

Re: Delaware judge discovers hidden entity recruiting people to be patent trolls

#299

Patents are just inherently bad. There is no way to morally/ethically justify them nor to "fix" the inherently broken system. This is just one of those unquestioned relics from the past that clutches at shackling the youth for the sake of the old entrenched powers, and thus holds back humanity. https://reasonandliberty.com/articles/patents

Serious Question: Do you think that all software should have to be completely and constantly open-sourced? Do you think that all blueprints must be made public? Do you think that all recipes for food must be made public? Creation is hard and should have some potential for rewards. I think we need software patents (especially) to be shorter lived and non-transferable. They can only be licensed and the licensing schedu…

>Serious Question: Do you think that all software should have to be completely and constantly open-sourced? Do you think that all blueprints must be made public? Do you think that all recipes for food must be made public?

Of course! Maybe that's because in the sciences this is a normal thing in order to get published at all. If you present findings with a black box reviewers will want to pry in. And what do you know, the sky doesn't fall with all of this sharing of knowledge. People who put time into their findings are still considered experts and are rewarded. In fact its probably a lot easier to point to your accomplishments when things are actually public and you can talk freely about them, versus layered behind NDAs and whatever else other threats designed to keep you from talking about the work you do to other people who might do something generally useful with that information.

Re: Delaware judge discovers hidden entity recruiting people to be patent trolls

#300
post #210

Earlier quoted context omitted.

I think the story of "small inventor makes big contribution" is very misleading. If an invention is small enough that someone can make it without spending significant resources, it is probably obvious enough that you shouldn't be allowed to patent it, because it is more likely other people incidentally have the same idea than they are "stealing" it. The only scenario where patents make sense is when a research group…

I think that's one way to view invention but the classic way it's been viewed in America is that if you found a novel way to put a sponge on the end of a dowel and manage to market it you should have protections to exclusively make your good for a while - there has always been, for me at least, a very strong romanticization of folks inventing things in their garage and making a few hundred thousand dollars off of the…

Imagine how history would have changed if we had to wait for the patent on the wheel to expire to use it
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