Linked by Thom Holwerda on Mon 22nd Jul 2013 15:31 UTC
Legal Joel Spolsky killed a Microsoft patent application in just a few minutes - he found prior art and submitted it, and the USPTO examiner rejected the patent because of it. "Micah showed me a document from the USPTO confirming that they had rejected the patent application, and the rejection relied very heavily on the document I found. This was, in fact, the first 'confirmed kill' of Ask Patents, and it was really surprisingly easy. I didn't have to do the hard work of studying everything in the patent application and carefully proving that it was all prior art: the examiner did that for me." This is all under the umbrella of 'Ask Patents'.
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RE[3]: Why
by JLF65 on Tue 23rd Jul 2013 18:04 UTC in reply to "RE[2]: Why"
Member since:

This craziness is why patents don't fit the software industry. Most devs NEVER look for or at patents in their field at the behest of their company, so they routinely "reinvent" the solutions every day. If so many people can reinvent something without access to the patents, the things they cover shouldn't be patent-worthy. Some people may point to things like MP3 as complex software deserving of a patent, then I'll point to a reinvention in the same complexity, not violating the patents, and unpatented itself - Ogg-Vorbis. Programmers will make the most complex software you can imagine for reasons that have nothing to do with patent protection, fully aware that the lifespan of their invention may be as small as six months. That's why big software houses have patent lawyers filing for patents instead of the engineers.

Reply Parent Score: 8

RE[4]: Why
by Kochise on Tue 23rd Jul 2013 20:32 in reply to "RE[3]: Why"
Kochise Member since:

Yeap, either it's just an application of mathematics and/or common sense. So in fact patents are just rewarding the first who filled the patent and de facto providing him with a monopolistic position. Thankfully, there is a twist to the patent system, what is called "fair use", you know, the stuff that allows a third party to "license" the technology at a bargain price.

There is patents, and copyrights. The later the worst. Disney characters should soon fall into the public domain ? Not so fast, let's trick the system, make new laws being voted, extend the copyright duration, etc... Even already public domain stuffs has been recently re-copyrighted due to these "extensions" that do not benefit the author's grandchilds, just the majors (music, books, ...)


Reply Parent Score: 5

RE[5]: Why
by Kochise on Wed 24th Jul 2013 11:47 in reply to "RE[4]: Why"
Kochise Member since:

Replying to myself :

What if Einstein patented/copyrighted E=m.c² or Marie Curie the Radium (X-ray and such) ?

Some kind on patent litigation on these would have been so much fun for the "benefit/experience of the consumers" (c) iDiot


Reply Parent Score: 2