Patent term calculation is complicated in the US because there are essentially two different systems and quite a few corner cases. Even with a list of patents, it can be tricky to determine when the patents are all expired. Since I am a computer programmer (and not a lawyer), I created a program to try and automate this. This paper discusses how patent term calculation works, and some results from a combination of hand and automatic term calculation for MP3, MPEG-2 and H.264.
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Member since:2006-12-05
Member since:2007-07-24
I agree that it was way too much work. Here are some of my opinions:
I have never seen a decent justification of why software patents should last 20+ years. I can see why things like medications should last 20 years, since FDA testing lasts so long, but software is quick to think up and quick to test (and quick for someone else to think up as well). I also think that software could get along fine without patents. If we are going to have software patents, they should last less than 5 years.
Software patents should have pseudo code or source code. Lack of this makes it far to hard to figure out what the patent actually covers.
There were far too many ways to game the system before 1995, allowing patents to last much longer than 20 years. If that wasn't the case, MP3 would be patent free by the end of 2012 at the latest.
The US patent office should calculate a maximum patent term and put it in with the other patent information. Having to parse through English to figure out how long a patent lasts is ridiculous (My program uses several regular expressions to try and find out some of the information needed, and it fails for some of the more weird ways it is done).
There should be some way to mandate that patents that are essential for a standard are discovered. Right now, it is over 20 years since the MPEG-1 draft standard was created, and there is still enough uncertainty about MPEG-1 video to keep ppmtompeg out of distributions like OpenSUSE and Fedora. If something has been an ISO standard for five years, and you haven't added your patent to the ISO patent database, it should be too late to sue.
"Sources have described iOS 7 as 'black, white, and flat all over'. This refers to the dropping of heavy textures and the addition of several new black and white user interface elements." I couldn't be happier.
"Ilja van Sprundel, a security researcher with IOActive, has discovered a large number of issues in the way various X client libraries handle the responses they receive from servers, and has worked with X.Org's security team to analyze, confirm, and fix these issues.""Google is facing a new antitrust probe by the U.S. Federal Trade Commission into whether the company is using its leadership in the online display-advertising market to illegally curb competition, people familiar with the matter said." Sucks to be Google today, apparently.
"In the midst of the major press blitz surrounding its annual I/O Conference, Google dropped some unfortunate news about its instant messaging plans. In several places around the web, the company is replacing the existing 'Talk' platform with a new one called 'Hangouts' that sharply diminishes support for the open messaging protocol known as XMPP (or sometimes informally Jabber), and also removes the option to disable the archiving of all chat communications. These changes represent a switch from open protocols to proprietary ones, and a clear step backward for many users." That's why I always say: only suckers trust companies.
"The wave of departures is a sign of internal struggle, but amidst all the bad news, there is a glimmer of hope. According to an anonymous HTC executive cited by WSJ, the crucial HTC One is selling 'pretty good so far'. The executive revealed that HTC sold about five million One units since launch, a performance that is deemed encouraging. However, sales have been limited by the persisting supply issues that still plague the production of the HTC One." Finally some good news for HTC. Five million units amidst supply constraints is very impressive.
"Sony gave the PS4 50% more raw shader performance, plain and simple (768 SPs @ 800MHz vs. 1152 SPs & 800MHz). Unlike last generation, you don't need to be some sort of Jedi to extract the PS4's potential here. The Xbox One and PS4 architectures are quite similar, Sony just has more hardware under the hood. Weâll have to wait and see how this hardware delta gets exposed in games over time, but the gap is definitely there. The funny thing about game consoles is that itâs usually the lowest common denominator that determines the bulk of the experience across all platforms. On the plus side, the Xbox One should enjoy better power/thermal characteristics compared to the PlayStation 4. Even compared to the Xbox 360 we should see improvement in many use cases thanks to modern power management techniques." AnandTech does its usual in-depth thing."The Verge has learned that HTC's Chief Product Officer, Kouji Kodera, left the company last week. Kodera was responsible for HTC's overall product strategy, which makes the departure especially notable on the heels of the global launch of the make-or-break One. It's not just Kodera. In the past three-odd months, HTC has lost a number of employees in rapid succession." I really hope HTC pulls it together.
"It is with huge pleasure that the Debian GNU/Hurd team announces the release of Debian GNU/Hurd 2013. This is a snapshot of Debian 'sid' at the time of the Debian 'wheezy' release (May 2013), so it is mostly based on the same sources. It is not an official Debian release, but it is an official Debian GNU/Hurd port release." Important note: 75% of Debian packages are supported bu Debian GNU/Hurd. Impressive.
"The first killer app was VisiCalc. This early spreadsheet turned the Apple II from a hobbyist toy to a business computer. VisiCalc came with room for improvement, though. In addition, a new architecture and operating system, the Intel-based IBM PC and MS-DOS, also needed a spreadsheet to be taken seriously. That spreadsheet, released in early 1983, would be Lotus 1-2-3, and it would change the world. It became the PC's killer app, and the world would never be the same. On May 14, IBM quietly announced the end of the road for 1-2-3, along with Lotus Organizer and the Lotus SmartSuite office suite. Lotus 1-2-3's day is done." Impressive 30 year run."There's a disconnect between how Apple CEO Tim Cook sees his company's tax strategies and how some members of the US Senate view it. That became clearer than ever today after Cook and two other Apple executives testified before Congress, explaining why they're holding most of their international income in Irish subsidiaries like Apple Operations International, which declare no tax residency anywhere in the world. AOI hasn't filed a tax return anywhere in the world for the last five years, yet it earned $30 billion in income from 2009 to 2012, according to a Senate report released yesterday." Just because something is legal, doesn't mean it's just. Apple, Google, Microsoft, and many more - these companies might not be breaking any laws, but it's obvious to anyone that what they are doing is scummy.
Member since:
2007-01-18
I think that my head just exploded.
That's some great info, but it's a bit of a brain overload. I'm very glad that I'm not a patent lawyer.