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Off Topic => Engineering => Topic started by: Nemesis on March 21, 2006, 06:45:13 pm

Title: Patents in the U.S. Supreme Court
Post by: Nemesis on March 21, 2006, 06:45:13 pm
Link to full article (http://hosted.ap.org/dynamic/stories/S/SCOTUS_PATENT_LAW?SITE=7219&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2006-03-20-01-50-19)

Quote
The broader implication, the attorneys said in court filings and interviews, is that inventors have been busy patenting laws of nature, natural phenomena and abstract ideas. That is forbidden under patent law.


It is about time that patents got back to being for new and unique physical designs rather than just vague concepts.
Title: Re: Patents in the U.S. Supreme Court
Post by: The Bar-Abbas Anomaly on March 22, 2006, 12:03:33 pm
 

That's probably why the rejected my application for a patent on gravity...   >:(

Title: Re: Patents in the U.S. Supreme Court
Post by: Just plain old Punisher on March 22, 2006, 07:08:10 pm
I want to patent the word patent =)
Title: Re: Patents in the U.S. Supreme Court
Post by: Nemesis on March 22, 2006, 08:57:06 pm
I want to patent the word patent =)

You can trademark a word but not patent it.  Someone is however already trying to patent the proceedure of applying for a patent.  I'm patenting dihydrogenmonoxide.
Title: Re: Patents in the U.S. Supreme Court
Post by: Just plain old Punisher on March 22, 2006, 09:00:56 pm
I am above the law!
Title: Re: Patents in the U.S. Supreme Court
Post by: Nemesis on March 22, 2006, 09:29:32 pm
I am above the law!

Your Bill Gates?
Title: Re: Patents in the U.S. Supreme Court
Post by: Just plain old Punisher on March 22, 2006, 11:13:04 pm
Yes, bow down to me! For I am your new god! The alpha and the omega! Fear me or I shall smite you with the evil blue screen of death!!
Title: Re: Patents in the U.S. Supreme Court
Post by: Mr_Tricorder on March 23, 2006, 07:55:27 am
...  I'm patenting dihydrogenmonoxide.

Careful.  Dihydrogen monoxide (DHMO) is some serious stuff.  Personally, I wouldn't want to be connected to such a highly controversial substance no matter how widely used it is.

Here's the Dihydrogen Monoxide Research Division's website in order to get the latest information on what we know about DHMO.  http://www.dhmo.org/
Title: Re: Patents in the U.S. Supreme Court
Post by: Nemesis on March 23, 2006, 05:54:11 pm
Yes, bow down to me! For I am your new god! The alpha and the omega! Fear me or I shall smite you with the evil blue screen of death!!

Sorry, I'm migrating to Linux so you can put  your head between your knees and kiss your **** goodbye.
Title: Re: Patents in the U.S. Supreme Court
Post by: Nemesis on March 23, 2006, 05:58:18 pm
Careful.  Dihydrogen monoxide (DHMO) is some serious stuff.  Personally, I wouldn't want to be connected to such a highly controversial substance no matter how widely used it is.

Here's the Dihydrogen Monoxide Research Division's website in order to get the latest information on what we know about DHMO.  [url]http://www.dhmo.org/[/url]


I knew that someone would recognize that one.  :)

But will the Patent office?
Title: Re: Patents in the U.S. Supreme Court
Post by: Just plain old Punisher on March 24, 2006, 05:51:28 am
Yes, bow down to me! For I am your new god! The alpha and the omega! Fear me or I shall smite you with the evil blue screen of death!!

Sorry, I'm migrating to Linux so you can put  your head between your knees and kiss your **** goodbye.

I'm afraid that penguin hunting season is now open, and there isn't any bag limit.

::grabs seal clubs;:
Title: Re: Patents in the U.S. Supreme Court
Post by: Death_Merchant on March 24, 2006, 10:10:12 am
Link to full article ([url]http://hosted.ap.org/dynamic/stories/S/SCOTUS_PATENT_LAW?SITE=7219&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2006-03-20-01-50-19[/url])

Quote
The broader implication, the attorneys said in court filings and interviews, is that inventors have been busy patenting laws of nature, natural phenomena and abstract ideas. That is forbidden under patent law.


It is about time that patents got back to being for new and unique physical designs rather than just vague concepts.
Yes, granted patents need more oversight. But many valid patents are not descriptive of physical objects.

Should you not be able to patent a new metallic alloy? A new forming process? A new machining method? A new polymeric crosslinking process?

Many process patents must be written on a fine edge: Too specific, and someone will simply find a slightly different way to do it. Too broad, and it is meaningless.
It may be possible to implement a novel, new idea with many different physical things. How do you adequately protect the idea and the time devoted to developing it?
Title: Re: Patents in the U.S. Supreme Court
Post by: Nemesis on March 24, 2006, 06:01:48 pm
Yes, granted patents need more oversight. But many valid patents are not descriptive of physical objects.

Should you not be able to patent a new metallic alloy? A new forming process? A new machining method? A new polymeric crosslinking process?

Many process patents must be written on a fine edge: Too specific, and someone will simply find a slightly different way to do it. Too broad, and it is meaningless.

It may be possible to implement a novel, new idea with many different physical things. How do you adequately protect the idea and the time devoted to developing it?

A new alloy?  Yes as it is in fact a physical thing.  Even patent  A method of making it.  If I figure out a differnet method my method should not be covered because you vaguely mentioned "and methods of creating said alloy" in your application.  Your patent however should not cover other alloys with similar properties.  If you created super conductor alloy using chlorine and I realize that a similar alloy might be made using Iodine or Flourine my alloys should not be covered by your patents even though your alloy discovery provoked mine as the actual material is different.

A machining method.  Possibly if it is in fact something new, unique and non obvious.  (Unlike the recent patent on how to use a swing).

The polymeric crosslinking would depend a lot on how it was found and occured.   For example if you discovered that the polymer we sell has that crosslinking (occuring as an unforeseen and unknown side effect of our manufacturing) should we have any liability for your patent?  Should you patent be valid if research were then to show we were (unknowingly) producing those crosslinks years before you applied for your patent? 

Consider the Microsoft FAT patent it covers the DOS file system but was applied for after the year 2000.  The DOS file system and variants have been around for 20 years (MINIMUM) before the patent was applied for. 

Patents of (natural) genes.  Patent moving those genes to a different organism to generate a new drug and I could agree.  Patent a method to activate or deactivate the gene no problem but I can't agree that you could patent a gene that has been around for thousands of years (possible 100s of millions if your not a creationist).

Patent on a concept like Amazons "1 click" patent no.  Patent on a specific (non obvious way) to handle it OK.

One final thing.  In the U.S. apparently if a patent is found to be invalid you are STILL liable to pay damages up to the point where it was invalidated.  Your patent is bogus and I still have to pay you?  RIM just got burned on that for the Blackberry.
Title: Re: Patents in the U.S. Supreme Court
Post by: Nemesis on March 24, 2006, 06:13:53 pm
I'm afraid that penguin hunting season is now open, and there isn't any bag limit.

::grabs seal clubs;:

Gatus of Borg has been trying to kill the Penguin for years and has found that it can't be assimilated. 
Title: Re: Patents in the U.S. Supreme Court
Post by: Just plain old Punisher on March 24, 2006, 08:54:22 pm
In order to compete for a larger market share, Linux is going to have to get a lot more stupid, insecure, and crash prone.

..a good example would have Linux, on every start up, log on to the internet, download child porn and then send the pics to your email contacts list. After that, it finds your credit card numbers and purchases things on the net it thinks you might like.

...god help you if you have a sound card...then it swears at you in Russian.
Title: Re: Patents in the U.S. Supreme Court
Post by: The Bar-Abbas Anomaly on March 24, 2006, 09:39:56 pm
Yes, bow down to me! For I am your new god! The alpha and the omega! Fear me or I shall smite you with the evil blue screen of death!!

Sorry, I'm migrating to Linux so you can put  your head between your knees and kiss your **** goodbye.

I'm afraid that penguin hunting season is now open, and there isn't any bag limit.

::grabs seal clubs;:



Club sandwiches, not seals!!!


Title: Re: Patents in the U.S. Supreme Court
Post by: Nemesis on March 25, 2006, 06:04:30 am
In order to compete for a larger market share, Linux is going to have to get a lot more stupid, insecure, and crash prone.

..a good example would have Linux, on every start up, log on to the internet, download child porn and then send the pics to your email contacts list. After that, it finds your credit card numbers and purchases things on the net it thinks you might like.

...god help you if you have a sound card...then it swears at you in Russian.


Actually since Microsoft is addicted to an ever expanding market I can't see them adapting to the saturated market we are reaching.  When they finally hit that particular brick wall the results will be interesting and that wall is very close to them.

Office 2007 delayed (http://www.eweek.com/article2/0,1895,1942069,00.asp)

60% Of Windows Vista Code To Be Rewritten (http://www.smarthouse.com.au/Computing/Platforms?Article=/Computing/Platforms/R7G5G6U4)

60% code rewrite rebuttal (http://arstechnica.com/news.ars/post/20060324-6453.html)

Remember Windows Vista was to ship in 2003 and now is delayed again to 2007.

Title: Re: Patents in the U.S. Supreme Court
Post by: Overmind on March 25, 2006, 09:02:34 am
I do not require Vista.
Win XP x64 is fully capable of handleing any good CPU on the market today.
Title: Re: Patents in the U.S. Supreme Court
Post by: Mr_Tricorder on March 25, 2006, 09:45:07 am
I do not require Vista.
Win XP x64 is fully capable of handleing any good CPU on the market today.
You'll require Vista when M$ says you require Vista.
Just imagine getting the following pop-up from Microsoft.

Microsoft has detected that you are running an obsolete and insecure version of Windows.  To better serve your security needs and computing experience, your computer has been disconnected from the internet.  In order to resume using the internet and insure the best possible computing experience, please upgrade to Windows Vista.
OK
[/color]
Title: Re: Patents in the U.S. Supreme Court
Post by: Nemesis on March 25, 2006, 09:52:49 am
You'll require Vista when M$ says you require Vista.
Just imagine getting the following pop-up from Microsoft.

Future Microsoft Popup:

Quote
Your installation of Windows XP has been aborted.  No activation servers are available due to support of XP having been discontinued.  Buy your Windows Vista upgrade now.

Followed by:
Quote
Your hardware does not support Microsoft DRM you will need to replace your Motherboard, Processor, Video Card, Sound Card, Monitor, harddrive and CD/DVD drive to enjoy all the features of your purchase.

Money not refundable.



Title: Re: Patents in the U.S. Supreme Court
Post by: Mr_Tricorder on March 25, 2006, 10:00:35 am
Nemesis, you need to throw in some useless, feel-good phrases that falsely justify M$ ripping you off, like:
"to inhance your computing experience",
"to insure the security of your system", or
"so we can better meet your needs".
Title: Re: Patents in the U.S. Supreme Court
Post by: Nemesis on March 25, 2006, 10:08:25 am
Nemesis, you need to throw in some useless, feel-good phrases that falsely justify M$ ripping you off, like:
"to inhance your computing experience",
"to insure the security of your system", or
"so we can better meet your needs".

There are limits to how closely I can emulate Microsofts thinking.  It gets painful to think at that level of deceit.  Klingons are just too honest.
Title: Re: Patents in the U.S. Supreme Court
Post by: Overmind on March 26, 2006, 03:49:47 am
You'll require Vista when M$ says you require Vista.
Just imagine getting the following pop-up from Microsoft.

Microsoft has detected that you are running an obsolete and insecure version of Windows.  To better serve your security needs and computing experience, your computer has been disconnected from the internet.  In order to resume using the internet and insure the best possible computing experience, please upgrade to Windows Vista.
OK
[/color]

Well, they can't do that.
Not unless they own every ISP in the world (witch noone ever will).
P.S. I can still connect to the internet by MS-DOS OS. :)
Title: Re: Patents in the U.S. Supreme Court
Post by: GE-Raven on March 27, 2006, 07:52:18 am
Do you need to soak the witch in kerosine or gas for very long before you burn her?  Or is that just one of the "tests"?

GE-Raven