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There are a lot of patents to shovelss | 1347 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Curing the Problem of Software Patents, by Michael Risch
Authored by: mrisch on Monday, June 11 2012 @ 03:37 PM EDT
"It sounded like a general way to figure out what someone
meant to type. If it had been for a very specific method such
that other methods were indeed possible, it might have merit.
But, it basicaly excluded any and all other specific methods
that someone might come up with."

No - it is way more narrow than that.

[ Reply to This | Parent | # ]

There are a lot of patents to shovelss
Authored by: Anonymous on Monday, June 11 2012 @ 05:26 PM EDT
Here's the first 10 that Google listed from "About 32,200 results"

SHOVEL

www.google.com/patents/US238903US Pat. 238903 - Filed May 24, 1878 - Issued
Mar 15, 1881
(Ho Model.) CW HUBBARD, Shovel. No. 238903. Patented March 15, 1881.
lifirpaes. fovEijkifi.-. N.PETERS. PHOTO-LITHOGRAPH Eft, WASHINGTON. 0.
Overview - Abstract - Drawing - Description - Claims
SHOVEL

www.google.com/patents/US320197US Pat. 320197 - Issued Jun 16, 1885
(No Model.) No. 320197. HM WHITNEY. SHOVEL. Patented June 16, 1885. N.
PETERS. Pholo-Lithographer.
Overview - Abstract - Drawing - Description - Claims
SHOVEL

www.google.com/patents/US1539765US Pat. 1539765 - Filed Jul 3, 1922 - Issued
May 26, 1925
May 26, 1925. WC PAGE SHOVEL Filed July 3, 1922 1539765 3 Sheets-Sheet 1
SUtotuct) ...
Overview - Abstract - Drawing - Description - Claims
SHOVEL

www.google.com/patents/US809840US Pat. 809840 - Filed Sep 9, 1905 - Issued
Jan 9, 1906
Overview - Abstract - Drawing - Description - Claims
Shovel

www.google.com/patents/USD353978US Pat. D353978 - Filed Mar 14, 1994 -
Issued Jan 3, 1995
United States Patent m Sargeant III! USOOD353978S [ii] Patent Number: Des.
353978 [45] Date of Patent: ** Jan. 3, 1995 [54] SHOVEL [76] Inventor: Joyce A.
Overview - Abstract - Drawing - Description - Claims
Shovel

www.google.com/patents/USD606817US Pat. D606817 - Filed Jul 28, 2008 -
Issued Dec 29, 2009 - Garant GP
29,2009 (54) SHOVEL (75) Inventor: David Boies, Levis (CA) (73) Assignee:
Garant GP, St-Francois (CA) (**) Term: 14 Years (21) Appl.No.
Overview - Abstract - Drawing - Description - Claims
SHOVEL

www.google.com/patents/US2178509US Pat. 2178509 - Filed Mar 24, 1939 -
Issued Oct 31, 1939
Oct. 31, 1939. FC BRANDENBURG SHOVEL Filed March 24, 1939 2178509 ...
Overview - Abstract - Drawing - Description - Claims
SHOVEL

www.google.com/patents/US366099US Pat. 366099 - Filed Apr 16, 1887 - Issued
Jul 5, 1887
(No Model.) No. 366099. J. HINCHMAN. SHOVEL. Patented July 5, 1887, N.
PETERS. Photo- Lithographer. Washington, D. C ...
Overview - Abstract - Drawing - Description - Claims
SHOVEL

www.google.com/patents/US701805US Pat. 701805 - Filed Oct 29, 1901 - Issued
Jun 3, 1902
SHOVEL. (Application filed Oct. 29, 19O1.) me NDHM ftnm to. PHOTOUTMO,
mmumgrroM. a c.
Overview - Abstract - Drawing - Description - Claims
Shovel

www.google.com/patents/USD484372US Pat. D484372 - Filed Sep 10, 2002 -
Issued Dec 30, 2003
4 is a rear elevational view ol a portion ol the shovel thereol, shown
enlarged lor clarity ol disclosure; FIG. 5 is a right side perspective view ol a
...
Overview - Abstract - Drawing - Description - Claims


https://www.google.com/?tbm=pts&hl=en#sclient=psy-ab&hl=en&site=&
;tbm=pts&source=hp&q=shovel&oq=shovel&aq=f&aqi=g4&aql=&a
mp;gs_l=hp.3..0l4.2047.2804.0.3538.6.4.0.2.2.0.123.459.0j4.4.0...0.0.Q53v4y37Nu0
&pbx=1&bav=on.2,or.r_gc.r_pw.,cf.osb&fp=7b7e36cb54036cb&biw=1428
&bih=559

Early ones will likely be broad, latter ones will be narrow. Just like software
patent claims.


[ Reply to This | Parent | # ]

Both a compelling ethical and legal argument
Authored by: Ian Al on Tuesday, June 12 2012 @ 05:30 AM EDT
If free speech is expressed in an Act of Congress and then executed, it makes
tangible changes to objects, processes, people and behaviour. The fact that an
Act of Congress has such a dramatic and tangible effect does not change it into
patentable expression.

Why then does free speech in a computer language that has an observable effect
when put into execution become creative expression protectable by patent?

The constitution says that it is free speech and protects it from curtailment by
Acts of Congress. It is illegal to employ Title 35 of the United States Code to
curtail free speech.

All the other legal reasons why computer software and the functions of computer
software are not, in and of themselves, patentable also apply, as does the
ethical reason you state: it monopolises swathes of software art abstract ideas
and practice and this is also specifically prohibited by the Supreme Court
(Benson, Bilski).

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

    There isnt one shovel patent and there isnt just one software patent either.
    Authored by: Anonymous on Tuesday, June 12 2012 @ 02:04 PM EDT
    "How many patents are there for shovels? Is there just one
    such that every shovel manufacturer has to get a license to
    make any kind of shovel? I seriously doubt it."

    No, and there isn't one software patent that every one has to license.

    There are patents to particular kinds of shovels and everyone that wanted to
    make that particular kind had to get a license while the patent was in force.

    Just as there are patents to particular methods for doing particular things.
    The only ones that need get licenses are the ones that want to use those
    particular methods.

    Here's a particular shovel claim from patent U.S. Patent No. 5887921

    1. A shovel comprising:

    A scoop having a top edge, a bottom edge and two side edges and a front
    surface and a back surface;
    a handle;
    means for affixing the handle to the scoop secured to the scoop at the top
    edge generally midway between the two side edges;
    a pair of pedal means; and
    means for mounting the pair of pedal means with one pedal means on each side
    of the means for affixing the handle to the scoop and for rotating the pedal
    means over the front surface of the scoop and over the back surface.

    http://www.google.com/patents?id=TnMZAAAAEBAJ&printsec=frontcover&dq=sho
    vel&hl=en&sa=X&ei=PYLXT86VJ--r2AWP_uiyDw&ved=0CEkQ6AEwBzgU

    Here is a claim to a particular method for performing FFT from U.S. Patent No.
    8032576

    9. A fast Fourier transform method comprising:

    electrically inputting data to a data storage element of a fast Fourier
    transform circuit;

    electrically outputting data from the data storage element to a fast Fourier
    transform element within the fast Fourier transform circuit;

    performing a butterfly computation on data output from the data storage
    element and outputting a butterfly computation result of m bits, m being a
    natural number of at least 2;

    extracting a predetermined n bits of the m bit butterfly computation result,
    n being a natural number smaller than m and larger than 0;
    performing a butterfly computation using the extracted predetermined n bits
    of the butterfly computation result; and
    electrically outputting the extracted predetermined n bits of the butterfly
    computation result from the fast Fourier transform circuit.

    http://www.google.com/patents?id=RIvxAQAAEBAJ&printsec=frontcover&dq=fou
    rie+transform+method&hl=en&sa=X&ei=YYPXT6jnIsLY2AW93_yIDw&ved=0C
    DcQ6AEwATgK

    Any complaint you might have about the ability of one to patent the FFT method
    has an analogous complaint in regard to the shovel.

    So, are all patents bad?

    Do you think you get a cure for cancer or diabetes with out patents? I don't.

    [ Reply to This | Parent | # ]

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