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The Peer to Patent Project Has Begun - 5 patents listed |
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Sunday, June 17 2007 @ 08:15 AM EDT
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Good morning, everyone. Are you ready to work? The first patent applications we are invited to try to disqualify by looking for prior art have been posted on the Peer to Patent Project website. This is the project working to provide the USPTO with information about prior art during the application process. It's an experiment, and it's historic. It's never been tried before, to let the public provide input into the application process. The USPTO wants to find out if the public can be helpful in finding prior art. Like, totally. I *know* you can, from doing Groklaw. This is right up your alley, if you choose to do it. Here is the list of the patent applications: You'll remember we published an article on what constitutes prior art, if you would like to review in more detail. And PubPat has tutorials as well. And now Peer to Patent has some too, including one I did, and if you stay on that first page, audio will begin explaining how to get started. From Groklaw's perspective, you can also just leave comments here with what you find, and I'll input it into the Peer to Patent system. Or feel free to do it yourself, as you please, if you've registered there. They have an email system to notify you if new applications are listed. If you want to help, you surely can. Unless you *want* a patent on "providing status of a process" to issue. Up to you.
We are actually still working on the real video in which I address some of the questions I know many of you have about this project. The deadline got here before we were done, so they threw that video up, but another one is in the works in which I explain why I think this is worth doing. The real solution is for software and patents to get a divorce, and someday the US Supreme Court may address that, but in the meantime, real harm is being done because the USPTO doesn't know what you know. The Tim O'Reilly video explains a bit about the USPTO difficulties and why they are asking for help. Specifically, from our perspective, I would add that a large part of the problem is that there is no FOSS prior art database, although the Linux Foundation is working on one as we speak. So when patent applications are filed, the USPTO examiners have nowhere to look to see if there is any FOSS prior art. At the moment, the only such searchable database is in your brains. I also think this is worth doing because it's training, free training in prior art searching, and these days, I'm a-thinking that might come in handy. And I don't believe in security by obscurity. What is prior art?
In a nutshell,
prior art in a legal sense can be any prior invention, if anyone did it before this applicant, or practiced it publicly, or wrote about it in a published source, or sold it, or patented it in another country.
Here's a clear definition: Prior Art - "what went before" - publications, earlier patents, public use or sale - anything which is relevant to the patentability of an invention because it shows that the invention was known before the applicant invented it. What the USPTO is also looking for is whether or not the application is sufficiently new and nonobvious to a person of ordinary skill in the art to qualify for a patent under current law. Trust me when I tell you that the USPTO has no clue when it comes to FOSS prior art. If you could have blocked Amazon's One-Click patent application so it never issued, would you have? So what is the first step? Read the claims for the applications that interest you, and then try to think of and then find whatever you know was already out there that predates this application and that matches the claims as precisely as possible. If you think it's obvious, say why with specificity. These are patent applications, not patents, so triple damages for looking at them do not apply, I'm told. I'm the cautious type, so if I worked for a company that might be in an area related to these applications, before I participated, I'd speak to a lawyer to verify.
If you don't want to turn on Javascript to watch the videos on the Peer to Patent site, just view source on the page that lists them all, find the video url and add it to this: http://www.peertopatent.org/ -- so, for example, if you wanted to view the first one, add video/manny/VideoPlayer.html to the url, so you get http://www.peertopatent.org/
video/manny/VideoPlayer.html . And as soon as mine is ready, I'll let you know. Credits: The marvelous stick figure gif in the video of mine up there now, illustrating the current state of the USPTO, is from JoePixel.com and the special graphics are by our own Jill C. Carpenter. The music is "My Life Changed" which you can read about here. Thank you, Cora Beth. Thank you, JoePixel and thank you, Jill. And thank you to Francois Schnell for his charming Tux and GNU photos! And thank you to Larry Lessig, for inventing Creative Commons licenses. And most especially thank you to Groklawers, for helping me with your ideas on how to do a video.
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Authored by: SirHumphrey on Sunday, June 17 2007 @ 09:44 AM EDT |
And clickable links like this
Clickable links: <a href="http://www.example.com/">Like
this</a> [ Reply to This | # ]
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- Macworld: Quake Creator's Support Offer should be a boon and Mozilla tangles with Jobs - Authored by: jplatt39 on Sunday, June 17 2007 @ 10:24 AM EDT
- Articles missing about June 4 transcript and SCOX 10Q - Authored by: Anonymous on Sunday, June 17 2007 @ 10:38 AM EDT
- Off Topic here: Non computer related patents - Authored by: Anonymous on Sunday, June 17 2007 @ 11:32 AM EDT
- Schools paying Microsoft for Macs and Linux boxes?? - Authored by: RichardR on Sunday, June 17 2007 @ 12:11 PM EDT
- Negative Know How - Authored by: maco on Sunday, June 17 2007 @ 12:50 PM EDT
- Linspire patent deal - Authored by: PolR on Sunday, June 17 2007 @ 05:18 PM EDT
- Shuttleworth to Vaughan-Nichols: No Microsoft Deal - Authored by: jplatt39 on Sunday, June 17 2007 @ 09:38 PM EDT
- Dear Bill and (the other)Steve... and Linus? (newspick) - Authored by: Anonymous on Sunday, June 17 2007 @ 09:43 PM EDT
- Off Topic here: From the Ha Ha Department - Authored by: Anonymous on Sunday, June 17 2007 @ 10:43 PM EDT
- Off Topic PJ's Sidebar: I'm puzzled. - Authored by: rsteinmetz70112 on Sunday, June 17 2007 @ 11:15 PM EDT
- Linspire's patent deal -- what patents? - Authored by: Anonymous on Monday, June 18 2007 @ 02:46 AM EDT
- civilian way to look up Laws - Authored by: LaurenceTux on Monday, June 18 2007 @ 03:58 AM EDT
- For a different view on GPLv3 and Tivoization - Authored by: Sesostris III on Monday, June 18 2007 @ 04:49 AM EDT
- [Humour] Good morning, everyone. Are you ready to work? - Authored by: talldad on Monday, June 18 2007 @ 05:49 AM EDT
- Sir Tim awarded Order of Merit - Authored by: tiger99 on Monday, June 18 2007 @ 07:59 AM EDT
- More on the Shuttle's computer problems - Authored by: tiger99 on Monday, June 18 2007 @ 08:09 AM EDT
- 2 OT questions - Authored by: Anonymous on Monday, June 18 2007 @ 08:45 AM EDT
- pdf to text - Authored by: Anonymous on Monday, June 18 2007 @ 09:08 AM EDT
- 2 OT questions - Authored by: Anonymous on Monday, June 18 2007 @ 09:42 AM EDT
- 2 OT questions - Authored by: PJ on Monday, June 18 2007 @ 11:43 PM EDT
- 2 OT questions - Authored by: Anonymous on Tuesday, June 19 2007 @ 04:31 AM EDT
- PDF to text conversion - Authored by: Anonymous on Monday, June 18 2007 @ 10:47 AM EDT
- Here's a look at the problem - Authored by: midow on Monday, June 18 2007 @ 08:45 AM EDT
- Achieving Openness: A Closer Look at ODF and OOXML - Authored by: Anonymous on Monday, June 18 2007 @ 09:02 AM EDT
- Clicky - Authored by: Anonymous on Monday, June 18 2007 @ 10:52 AM EDT
- This judge rocks! - Authored by: xtifr on Monday, June 18 2007 @ 10:25 AM EDT
- Microsoft to change NYS law? - Authored by: Latesigner on Monday, June 18 2007 @ 11:18 AM EDT
- I like that term - Authored by: JamesK on Monday, June 18 2007 @ 03:59 PM EDT
- 100 year old EULA - Authored by: SpaceLifeForm on Monday, June 18 2007 @ 04:13 PM EDT
- Off Topic here: -- Look to the DOJ for remedy - Authored by: Anonymous on Monday, June 18 2007 @ 04:28 PM EDT
- Operation Bot Roast - Authored by: Anonymous on Monday, June 18 2007 @ 05:37 PM EDT
- Disbarment - Authored by: idahoan on Monday, June 18 2007 @ 05:49 PM EDT
- Disbarment - Authored by: PJ on Monday, June 18 2007 @ 11:52 PM EDT
- A case that makes SCO look rational. - Authored by: Anonymous on Monday, June 18 2007 @ 08:01 PM EDT
- Who cares? - Authored by: Anonymous on Tuesday, June 19 2007 @ 05:47 AM EDT
- Court Protects Email from Secret Government Searches - Authored by: SpaceLifeForm on Monday, June 18 2007 @ 08:29 PM EDT
- Could THIS Be M$' Real Plan? - Authored by: TheBlueSkyRanger on Monday, June 18 2007 @ 09:35 PM EDT
- Installfest touts Linux's freedom -- newspapers get things wrong even when friendly - Authored by: Anonymous on Monday, June 18 2007 @ 09:49 PM EDT
- M$ getting payed off for *other* peoples settlements? - Authored by: MDT on Monday, June 18 2007 @ 11:52 PM EDT
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Authored by: entre on Sunday, June 17 2007 @ 09:44 AM EDT |
Good timing for this type of endeavour! A lot of work is ahead. [ Reply to This | # ]
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Authored by: bbaston on Sunday, June 17 2007 @ 09:45 AM EDT |
.
---
IMBW, IANAL2, IMHO, IAVO
imaybewrong, iamnotalawyertoo, inmyhumbleopinion, iamveryold[ Reply to This | # ]
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Authored by: sschlimgen on Sunday, June 17 2007 @ 10:05 AM EDT |
They want to patent the grahpical display of industrial processes at a plant
...
Gee, why does this remind me very much of OptoControl, or Allen-Bradley's
similar offering. Or for that matter, every graphical process-control display
system used in industry.
If they win this one, anyone who runs a manufacturing plant will be in a world
of patent extortion hurt.
Does their patent offer anything new, unique, or non-obvious? I don't think so.
I'll have to go re-read the instructions so I can try and document my gut
reaction.
Steve
---
Meandering through life like a drunk on a unicycle.[ Reply to This | # ]
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- Patent 5 - Authored by: Anonymous on Sunday, June 17 2007 @ 10:29 AM EDT
- Patent 5 - Authored by: Anonymous on Sunday, June 17 2007 @ 11:41 AM EDT
- Patent 5 - Authored by: Anonymous on Sunday, June 17 2007 @ 12:09 PM EDT
- Very old idea - Radios and locos. - Authored by: Anonymous on Sunday, June 17 2007 @ 02:21 PM EDT
- Not quite - Authored by: Anonymous on Sunday, June 17 2007 @ 05:48 PM EDT
- Patent 5 - Authored by: sschlimgen on Sunday, June 17 2007 @ 06:58 PM EDT
- Patent 5 - Authored by: JamesK on Sunday, June 17 2007 @ 08:20 PM EDT
- Patent 5 - Authored by: vk2tds on Monday, June 18 2007 @ 03:04 AM EDT
- Old Stuff - many public domain examples - Authored by: Anonymous on Monday, June 18 2007 @ 07:04 AM EDT
- Patent 5 - Authored by: PTrenholme on Monday, June 18 2007 @ 10:51 AM EDT
- Let them know - Authored by: Anonymous on Monday, June 18 2007 @ 12:00 PM EDT
- Patent 5 - Authored by: tiger99 on Monday, June 18 2007 @ 02:52 PM EDT
- Oh my God No! - Authored by: Anonymous on Monday, June 18 2007 @ 06:30 PM EDT
- If you want to understand process industry graphics, see this. - Authored by: Anonymous on Monday, June 18 2007 @ 06:01 PM EDT
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Authored by: Anonymous on Sunday, June 17 2007 @ 10:24 AM EDT |
"Database staging area read-through or forced flush with dirty
notification" sounds like something I remember reading that MySQL could
do...?[ Reply to This | # ]
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Authored by: Anonymous on Sunday, June 17 2007 @ 10:56 AM EDT |
So the system is disastrously broken, and their answer is to ask us to, for
free, all review patents such that not as many horrible ones issue? Exactly how
does this solve the problem? We'll always be on the defensive, we'll waste our
resources, and bad patents will still get issued. Even worse, lots of people
will be reading bad patents, so treble damages start kicking in all over the
place. This sounds like it's actually going to make the situation much worse.
[ Reply to This | # ]
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Authored by: Anonymous on Sunday, June 17 2007 @ 11:19 AM EDT |
If my manager wants me to review patents, then I'm sure he will put it in my
objectives and agree to pay me for it.
Otherwise, I'll get on with what he does want me to do.[ Reply to This | # ]
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Authored by: rsi on Sunday, June 17 2007 @ 11:32 AM EDT |
I would like to see the FAT "so-called" Patent reviewed again under
the new rulings. This would be a good one to start the review of all the M$
"Patents" with.[ Reply to This | # ]
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- M$ Fat Patent - Authored by: Anonymous on Monday, June 18 2007 @ 01:52 PM EDT
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Authored by: Anonymous on Sunday, June 17 2007 @ 12:32 PM EDT |
The concept of this process is morally equivalent to the patent deals with
Microsoft that folks have been railing against for weeks: your decision to
participate today will have the inevitable effect of strengthening exactly the
cancer you already feel in your bones.
That our culture would outlaw the very practice of reasoned thought itself --
the solitary observable separating us from animals -- and that it would do so
with a social structure pitting peer against peer where the most viscious
animals are predetermined to destroy the brightest and most constructive
reasoning minds, where thought-cancer itself is exactly the end-goal being
engineered, that out culture would build this thing is only one more lingering
symptom of authoritarian dogmatism, of a puritanic zeal to see destroyed by fire
the threat of any voice, any idea not already owned in the books of our
fathers.
If any part of humanity is to have hope in the face of this culture, the source
and progress of the carcinogen must be studied and understood so that it can be
avoided by constructive minds who seek provable progress toward a more perfect
union. Animals are the best subjects for such studies morality has yet devised;
fortunately we have an eager and willing Dish of the Day before us.
Let the cancer take the animal so that our children may better themselves by
studying our records of its demise.[ Reply to This | # ]
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Authored by: wethion on Sunday, June 17 2007 @ 12:52 PM EDT |
in the 'providing status of a process' one, the whole thing is so patently
obvious it's ridiculous. Can you patent a new configuration of things that have
been in use for years? If I take wigetX and wigetY for doing task X and Y, put
them together so they do X and Y at the same time, is that patentable?
---
Jon Postel, you are missed.[ Reply to This | # ]
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Authored by: Alan(UK) on Sunday, June 17 2007 @ 05:18 PM EDT |
I am still trying to get my brain around Microsoft's strategy.
My first conclusion was that Microsoft's intent was to get 'Microsoft
technology' into FOSS by paying people to accept it. The objective is to put
'interoperability' onto the FOSS side of the fence instead of the Microsoft side
where it rightly belongs. Once Microsoft has achieved that objective, they can
change their standards to 'break' the interoperability, at which point they are
back in control and can name their own price for permission to fix it.
Having read John Carroll - A Microsoft employee's view (see News Picks) I have
come to a second conclusion. This paid shill is puting out that the patent
moratorium part of the deal is of little importance. This made me realise that
Microsoft's objective was to avoid suing FOSS users. Microsoft is like a country
trying to intimidate its neighbour, it has big guns but no ammunition - so what
does it do? It signs a non-aggression pact with its neighbour and moves its guns
out of the DMZ - that way it still remains top-dog and doubters are convinced
that it does have ammunition.
---
Microsoft is nailing up its own coffin from the inside.[ Reply to This | # ]
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Authored by: Starlite528 on Sunday, June 17 2007 @ 06:54 PM EDT |
http://img4
59.imageshack.us/img459/3339/wordperfectoddhm8.jpg
--- "Death
continues to be our nations number one killer."
Henry Gibson [ Reply to This | # ]
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Authored by: LionKuntz on Sunday, June 17 2007 @ 07:36 PM EDT |
I didn't know you could use such language on Groklaw. ;-) [ Reply to This | # ]
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Authored by: jseigh on Sunday, June 17 2007 @ 07:45 PM EDT |
The concept anyways.
2007
0136321 System for preparing a patent application
The link appears to be
broken. You'll have to either change the & back to a regular & or
look the application number up on uspto. [ Reply to This | # ]
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Authored by: Anonymous on Monday, June 18 2007 @ 03:06 AM EDT |
Patent 5 is "Method, apparatus and computer program product for providing status
of a process." I've read this and I don't see why people should be spending
their time looking up "prior art" to invalidate it. This patent should just be
rejected out of hand by the patent examiners as "trivial". There is nothing very
profound being revealed here.
The authors of this "invention" are just
attempting to patent object oriented programming and software components by
dressing up mundane facts in impressive sounding complexity. No doubt some
people will be dazzled by the references to "process industries", but all they
are referring to is feeding data from various sources into graphical display
objects which are grouped together.
Forget the process industry jargon. It
is irrelevent. It seems to be included primarily to impress people with how
"technical" and "important" it sounds. What is being discussed is a GUI
displaying data where several related GUI elements are grouped together. Their
claim for "novelty" seems to based on the fact that they have come up with a new
name for software objects, classes, and components by calling them "blocks".
What is being "invented" here is simply the field of object oriented programming
as applied to graphical interfaces.
If this is an example of what the "Peer
to Patent Project" is supposed to examine, then I think the project is a waste
of time. The whole concept in fact is wrong headed. It pits lawyers who are in
full time employment pushing rubbish like this against unpaid "volunteers" who
have lives to live and businesses to run.
People have the wrong idea about
what the problem is. The problem is not that somehow a few "bad" patents out of
a small annual handful of good patents are unaccountably making it through the
system by mistake. The problem is that a deluge of rubbish is pouring through
with little or nothing to stop it.
Rubbish patents are like spam e-mail.
The patent spammers can spew out more rubbish than then you have patience to
keep up with. If you block their patent spam with prior art, they'll just switch
to some new tactics. Look at all the people who come up with a "solution" to
e-mail spam. How far have they got? How far will anyone get against patent spam
by trying to "delete" them one at a time?
The whole concept of the "Peer to
Patent Project" is wrong. It puts the onus on the people being harmed by spam
patents to stop the patents before the are harmed by them. This is like the
excuses used by the e-mail spammers who claim that all you have to do is just
delete their V1agra and 419 spam e-mails. The American patent system needs
fundamental reform. A good start would be to simply abolish software patents.
There is little to no public benefit being derived from software patents, and a
great deal of public harm being caused by them.
[ Reply to This | # ]
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Authored by: Anonymous on Monday, June 18 2007 @ 06:09 AM EDT |
When skimming through the patent applications, my impression was, that the
patent applicant tried to swamp the USPTO with bogus claims, hoping that one
claim might make it through.
This is outrageous behaviour! Those applicants are hogging up a societie's
resources for nothing.
My suggestion for patent reform (if any occures): Make the applicant pay for
each invalidated claim as much as he would have payed for the whole patent if it
got approoved.
This will not hinder the truly innovative, and it will make every applicant
doing a thorough prior art search himself.
Besides, the USPTO could then afford to hire the staff they need to work through
the mountain of patent applications.[ Reply to This | # ]
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Authored by: tce on Monday, June 18 2007 @ 09:22 AM EDT |
One way to leverage our awareness of the P2P Patent review process is to inform
any number of companies that own prior art or are likely to be harmed by a bad
patent in their business area.
As a 2-fer, it also gets them involved and puts them on notice that their own
(bad?) patent apps are in a brave new world.
If you get a letter off to a company, including current or former employers, and
can post it, that would be a great motivator for other to do the same.
We are amoung the very few who are even aware this is going on. Let's spread
the fire!
Tom[ Reply to This | # ]
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Authored by: Anonymous on Monday, June 18 2007 @ 09:24 AM EDT |
I suspect the Peer to Patent Project has been Groklawed. Response for pulling
up the pages is extremely slow.
I'll look at it later.[ Reply to This | # ]
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Authored by: Anonymous on Monday, June 18 2007 @ 09:42 AM EDT |
This is frustrating. For example, the one about Method, apparatus and computer
program product for providing status of a process.
I understand that they would want to group relevant sensor readings together.
There was a company, Measurex, since bought out by Honeywell, back in 1973 that
used something called BLOK as a programming language. This was implemented in
assembly language on the HP2100 computer. This was a control language, but
using this language, it was possible to group a number of readings together,
then display the results on a display screen. But I don't know that anything
was published.
[ Reply to This | # ]
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Authored by: TedSwart on Monday, June 18 2007 @ 11:30 AM EDT |
Some contributors to this forum are skeptical about joining in the USPTO peer to
patent project. This is surely a mistake for a whole lot of reasons.
1. Most Groklawers think that the huge number of software methods patents are
invalid for reasons of obviousness snd/or prior art. And most of us would go
further and contend that all software patents are really invalid methods
patents.
2. So, if it can be shown that large numbers of methods patents are indeed
invalid, the ludicrousness of the current functioning of USPTO would soon enough
become apparent to everyone.
3. We are, by and large, opposed to the very existence of software patents and
there is surly nothing better we can do to bring about their demise by
establishing their invalidity.
4. Contributors to the world of FOSS give freely of their time and energy to
ensure that quality and true innovation wins out against mediocrity and
underhand scheming. They are bedevilled by the current patent system and for
those who have the knowledge and skills to uncover to establish that vast hoards
of software patents are invalid will be making a contribution which is every bit
as valuable as contributing to the Linux kernel -- which not everyone can do.
I would go further and suggest the at least some Groklawers can provide a shrewd
guess as to which MS patents fall into the set of 300+ which MS says are
violated by the Linux kernel and other FOSS software. A pre-emptive strike
establishing that they are invalid would be like putting money in the bank [ Reply to This | # ]
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Authored by: Anonymous on Monday, June 18 2007 @ 11:52 AM EDT |
I am curious as to the obfuscation of what the patent is actually for in these
applications.
I was under the impression that the description of a patent had to enable
somebody skilled in the art to reproduce the invention. I thought the idea was
that in return for inventing something and publicly disclosing it, the inventor
was granted a limited monopoly.
Reading through Patent 4, I can't really figure out what the invention is or
decide whether there is applicable prior art or not. (I speak as a programmer).
How is anybody supposed to judge a patent for prior art when the patent is draw
up so as to obfuscate what the invention is?[ Reply to This | # ]
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Authored by: PhilFrisbie on Monday, June 18 2007 @ 12:01 PM EDT |
The pages declare they are XHTML Strict but they are not.
They are not very accessible to those with alternate or text based browsers.
Some navigation does not work if JavaScript is disabled or not supported.
I hope they do not get shut down with a civil rights lawsuit before they do some
good.[ Reply to This | # ]
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Authored by: Anonymous on Monday, June 18 2007 @ 02:14 PM EDT |
Robert Heinlein, in more than one of his novels, narrated how a character was
educated in the process of semantic analysis of written or spoken
statements.<br> Paraphrasing "After removing the redunancy, claptrap,
smoke and mirrors: Semantic content - Null" rings across the years. I
wonder if the state of heuristics might be able to reduce the gobbledygook to,
perhaps a symbolic representation that would make searching for existing patents
and common applications easier. It might even work-around the treble damages
issue of being familiar with a particular patent by abstracting the actual text
to a point where the actual device is obscured?[ Reply to This | # ]
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Authored by: tiger99 on Monday, June 18 2007 @ 03:05 PM EDT |
IANAL, so maybe that explains why I am having trouble seeing any material
content within the long waffle about how a PC boots up, etc. But is this not
merely describing how the BIOS lets you action (or not) errors and warnings,
such as the CPU temperature, fan failure, or even the "Stop on all/all
but..../no errors" setting which has been in almost every BIOS since the 286
era? Or for that matter, what you do when a potential wakeup event (LAN or
modem, for instance ) occurs. I just can't see anything of substance at all. [ Reply to This | # ]
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Authored by: tiger99 on Monday, June 18 2007 @ 03:17 PM EDT |
It seems that there is great emphasis on freeing the memory and putting it in
the free pool, without deleting the data it contains. Now a Windoze programmer
once told me that the Monopoly's allegedly POSIX-compliant calloc() function has
a serious bug because it failed to clear the memory before allocating it to a
process which requested it. Potentially a very serious security hole, as well as
causing a major bug because his program expected the memory to be cleared. So
my best guess is that somewhere in the innards of at least one version of
Windoze, there must be prior art on this, because in order for the memory
allocated by calloc() to contain someone else's data, that data clearly was not
erased last time the memory was freed. And, even if calloc() did work as per the
POSIX standard (it does in every other major OS, as far as I can tell),
malloc(), which seems not to require the data to be cleared, might provide prior
art, along with mfree(), which frees the memory. But even if there is no prior
art, this seems to be a patent for a security disaster, so it likely should have
no effect on any serious piece of programming. [ Reply to This | # ]
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Authored by: BassSinger on Monday, June 18 2007 @ 03:57 PM EDT |
Many have been the complaints that this process is unfair, and the system is at
fault. Well, let us do something about *THAT* in the process of reviewing these
patents.
Let us build a case for "All of computer software consists of checking the
status of a bit (0 or 1) and making decisions based on that, combined with
setting a bit (1 or 0) to reflect the progress of the decision process."
Some brilliant work has been done with software and computers, but it is all in
the *style* of how you do those basic tasks. Computers, compilers and
assemblers have advanced greatly, but *all* tasks performed in software break
down to those two simple steps.
The offshoot of this case would be the elimination of all software patents as
non-innovative.
Incidentally, the one on monitoring registeres for prefetching is merely an
automation of the old hacker's (in the true non-cracking use of the word) trick
of putting the next instruction where the readhead will be when this one is done
executing.
---
In A Chord,
Tom
"We cannot solve our problems with the same thinking we used when we created
them." -- Albert Einstein[ Reply to This | # ]
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Authored by: JJSg on Monday, June 18 2007 @ 05:33 PM EDT |
I submit my project, RenaissanceCore which has been hosted on SourceForge.net
since Sept. 2005 (2 months before the filing--and I wrote the code well before
that ;-), as prior art implementing the proposed patent. There are 3 files that
manage memory for my program in a way that is OS independent. The files
are:
Memory
Control: initialization and garbage collection
Memory Management:
allocation of pools to applications
Header file:
definition of structures
The general idea is that a single allocation of
shared memory in a large block is created at startup of the applicationi in the
Memory Control module. This is broken up into several pools with fixed size
buffers.
Applications that are allowed access to the shared memory then
request the exact size required, using the Memory Management module, and are
returned a pointer to the beginning of an available buffer that is big enough
for the request to fit in. To free it, the requestor calls another Memory
Management module that simply marks the buffer as available.
The manager
process periodically checks all pools for status. If there are no available
buffers, the pool is moved to a Full queue so that it does not impact
performance. If there are no used buffers, the pool is put on a general
availablity queue which allows the buffer size to be changed, thereby adapting
to dynamic requirements of the application.
This process avoids the overhead
of using system memory calls and provides a level of security because of the
shared memory access restriction. As far as I can tell from a quick reading of
the patent, I have implemented pretty much everything they are claiming. Also,
my memory manager has been tested in a real world application.
As a final
note, when I designed and implemented my module, I was aware of similar
implementations which I simply refined somewhat for my specific needs.
[ Reply to This | # ]
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Authored by: Anonymous on Monday, June 18 2007 @ 06:47 PM EDT |
What does the Grokline database contain with regard to these patents? Is there
anything useable there?[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, June 19 2007 @ 04:39 AM EDT |
I've started looking at patent 5 on this site, and am looking for systems that
cover most or all of the claims and predate the application. That is, as I
understand it, the standard way of looking for prior art.
Is there another way possible?
For example, it would be easy to make an argument that, given a physical device,
adding an interface to that device to present information about the state of the
device to a network is not a new invention. Given a network with data on it,
adding a computer is not a new invention. Given a computer with data feeds,
collating and displaying those data feeds is not a new invention. Given a
computer system, including a GUI is not a new invention. Given a computer system
with a GUI and sets of numbers, graphing those numbers is not a new invention.
(References for all these assertions can be found easily enough...)
This eliminates claims in the particular application under review, but more
interestingly it provides a set of templates for eliminating claims in lots of
other applications. It also does not discriminate against new inventions.
It looks to me like the Peer 2 Patent website is not built to support that sort
of argument. Is that because the law is not built to support such argument?
Of course, the patent examiner could simply refuse to be convinced by the
evidence. Before one-click there was lots of prior art for having a complex
process including different data sets kicked off by clicking a single button,
but not for storing credit card details and a delivery address so you can buy a
book by clicking a single button...
Brian.[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, June 19 2007 @ 09:56 PM EDT |
Already some idiot has started to use it as a spam board. [ Reply to This | # ]
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