Interesting People mailing list archives
Creative Gets Patent on Filing things in Categories?
From: David Farber <dave () farber net>
Date: Fri, 2 Sep 2005 06:16:04 -0400
Begin forwarded message: From: "Andrew D. Swart" <andrew () swart com> Date: August 31, 2005 8:19:31 PM EDT To: 'David Farber' <dave () farber net> Cc: 'Jason Weisberger' <jweisberger () mac com> Subject: RE: [IP] Creative Gets Patent on Filing things in Categories? Reply-To: andrew () swart com Jason Weisberger writes:
I'm confused as to what is so unique here as to merit a patent? The look of the interface seems silly to patent, they did what they could with a cheap LCD screen, this is why they look similar - is using cheap LCD screens some how intellectual property?
Here's a 2 cent theory: the patent office is understaffed and unqualified -- at least in high tech cases -- to fully grasp and competently argue proposed claims. How could they be sufficiently expert? Instead, they follow a set of procedures to ensure that some prior art searches are done, that applications are in the proper format, and that some logic/friction is applied, including acceptance of fees. A small number of patents are later subjected to a "validation" of sorts, when entities with economic stakes in a patent go to great lengths (expense) to challenge/defend in court, usually settling well before getting to trial. Those parties that do get to trial end up arguing high-tech minutia in front of juries, a fascinating concept. In the end, the vast majority of patents seem to remain in an unproven state. On a related note, this forum recently included reports of legislative attempts to make it more difficult to litigate patents (I think the proposed changes were to make it harder to obtain injunctions). If the "system" relies on the courts to compensate for the inability of the patent office to accurately weed out bad applications, then shouldn't all legal options need to remain widely available? ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
Current thread:
- Creative Gets Patent on Filing things in Categories? David Farber (Sep 02)