Interesting People mailing list archives
A Patent Claim That May Cost Millions
From: Dave Farber <dave () farber net>
Date: Mon, 03 Nov 2003 13:44:46 -0500
Delivered-To: dfarber+ () ux13 sp cs cmu edu Date: Mon, 03 Nov 2003 13:37:47 -0500 From: Russell Nelson <nelson () crynwr com> Subject: Re: [IP] A Patent Claim That May Cost Millions To: dave () farber net Dave Farber writes: > Acacia Research Corporation says its patents cover the > transmission of video and audio files from remote servers--a > process often called "streaming." Is it just me, or is there a serious problem with the standard for 'obviousness' used by the USPTO? I think there is. They require that somebody *have already invented* something for it to be considerred obvious. Either that, or have invented the components but just not put them together in the same device. That's wrong. That's just plain wrong. There are way too many patents being granted for solutions that really *are* obvious, but which simply haven't been invented yet because nobody was ever asked to invent it. It seems to me that we need a new standard for obviousness, since the current one isn't cutting it. If someone can describe a problem with a patented solution to someone of ordinary skill in the art who is ignorant of a particular patent, and they reinvent the patent, then by definition, the patent is obvious. I've recently been deposed on prior art for a patent owned by Hark Chan which is being used to extort money from Symantec, Electronic Arts, Intuit, et al. Basically, the patent is on the idea of putting a database on a CD, then updating it via the web. Even my own prior art is preceded by the old Internet joke: "Never underestimate the bandwidth of a station wagon filled with CDs" (sometimes "... filled with 9-track tapes"). Any patent whose matter is anticipated by a joke is itself a joke. The public is not benefitted by giving ownership of a solution to someone, when anyone of ordinary skill will invent the same solution when confronted with the same problem. -- --My blog is at angry-economist.russnelson.com | Can I recommend python? Crynwr sells support for free software | PGPok | Just a thought. 521 Pleasant Valley Rd. | +1 315 268 1925 voice | -Dr. Jamey HicksPotsdam, NY 13676-3213 | +1 315 268 9201 FAX |
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