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| Authored by: Chromatix on Thursday, June 07 2012 @ 04:09 AM EDT |
| Based on the minimal reading I did of just one of them, and comments by
others
that they probably all cover the same subject matter using different
wording, I
think they fail *all three* of the tests for patentability. Failing just
one
should be enough to prevent issuance.
The tests in question are:
1)
Novelty. Nobody must have done this specific thing before. The very fact
that
four (allegedly) functionally identical patents exist casts doubt on
this.
2) Usefulness. This is debatable, but personally I tend to respond
negatively
to prompts that pop up specifically to ask if I liked something or
not. Such
things would *reduce* the utility to me of whatever they were
attached to.
3) Non-obviousness. Assuming it was my job to create such a
thing, I would
easily be able to design it without reference to the patent. So
would a lot of
engineers less experienced than I am - in fact it is the sort of
minor task that
would commonly be assigned to a junior software engineer.
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| Authored by: Anonymous on Thursday, June 07 2012 @ 12:42 PM EDT |
First: as we are not Lawyers, we're not qualified to understand them....
unless we're a paid expert, then somehow we magically gain the understanding
that we didn't previously have... must be all that money we get. It passes on
understanding via osmosis.
Second: if we so much as glance at them, no
matter that we can't understand them (in reality, not just in the Legal argument
sense) and we can't actually duplicate the "invention" - at least, we don't
think we can because we can't actually understand them - we are still held
accountable to trebble damages.
Maybe if we continue to point out such
and the illogic thereof, it'll eventually sink in to Congress who might affect
change for the better for us non-Lawyer-actual-innovator types that are the
targets of such Lawsuits.
And for those that wish to keep claiming things
like "you mean steal" I have a question:
How can I steal something I created
based upon a need that I have when I didn't research the solution and just
casually thought up the solution myself?
In other words: I didn't get the
solution off the net, or via a patent, or via a book, or via education. The
skills I got from the education and my own creativity was able to put together a
solution to the "problem". So how can I steal something my own mind put
together?
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