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Authored by: Anonymous on Sunday, June 10 2012 @ 08:03 PM EDT |
Yes but to what skilled programmer is any software implementation of an idea not
obvious?
The idea may be novel but the implementation of the software to perform that
idea is never going to be novel.
rgds[ Reply to This | Parent | # ]
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Authored by: pem on Sunday, June 10 2012 @ 08:14 PM EDT |
I think we would just need to stay on top of things, and the number of useless
applications filed would drop dramatically very quickly.
Who is going to file an application that will likely be eviscerated immediately?[ Reply to This | Parent | # ]
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Authored by: jvillain on Sunday, June 10 2012 @ 11:16 PM EDT |
More specifically it puts the burden on the wrong party to clear all this up. It
should be the USPTO if it thinks it has a need to provide patents that should be
vetting this. It shouldn't be become a case that a large group of people have to
provide free labour in order to invalid some schmucks get rich quick scheme.
If your burning all your time invalidating bogus patent claims you may be
advancing the arts by keeping it free. But you sure aren't doing it in the way
the "Founding Fathers" intended.[ Reply to This | Parent | # ]
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Authored by: Anonymous on Monday, June 11 2012 @ 02:21 AM EDT |
Fantastic idea? Very often the biggest hurdle to solving a problem is
identifying the right one and/or framing it the right way. Once it's identified
and/or framed right, the solution is trivial. One potential reason people find
(software) patents obvious is that it lays out the problem in detail in the
background section. The solution is often a logical extension of thinking
about the problem as it has been laid out.
For people who think the
Swype patent is "obvious", here's how I'd frame the
problem the Swype patent
solves: "Improve touchscreen typing."
Oh, and for bonus points, keep in
mind that throughout history, from papyrus
to typewriters to touchscreen
keyboards, humans have been creating text
by producing (imprinting, writing,
typing, tapping, touching, whatever) one
discrete
unit of the alphabet at a
time.
I'd like to see the chain of thought that goes from this
background to the
supposedly obvious solution of "swipe your finger around the
letters on the
touchscreen, going over many intermediate letters while doing
so, which we
will discard to correctly guess the word you actually want."
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Authored by: Anonymous on Monday, June 11 2012 @ 06:02 PM EDT |
>The practical problem is that there are 200,000+ patent
>applications filed each year, which makes it hard.
Right there's your problem.
There aren't 200,000+ patent-worthy inventions where the value of disclosure
balances the cost of protection.
There needs to be *FAR* fewer patents granted:
The value of disclosure goes down as the number of patents granted increases,
while the damages caused by the patents granted clearly goes *way* up.
Tying patent office funding to patents issued is clearly not helping.
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