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US Patent Office To Hire 500 New Examiners

ddillman writes to us with a story from EEtimes that is reporting that the US Government, specifically the PTO, is hiring up to 500 electrical engineers to help assess the validity of new patent claims on technical gadgets. Good - and with the downturn in the high tech industry you can get them cheap.

144 comments

  1. Open Source People : Apply! by Jeppe+Salvesen · · Score: 4, Interesting

    This is a good chance to inject some open source talent into an important public body. It really sounds like they could use some talent, and most importantly a broader knowledge base!

    --

    Stop the brainwash

    1. Re:Open Source People : Apply! by Anonymous Coward · · Score: 0


      And this has to do with open source HOW?

      Quit throwing buzzwords into your posts just to get yourself modded up.

  2. Cheap, eh? by dbolger · · Score: 3, Funny

    Good - and with the downturn in the high tech industry you can get them cheap.
    Ummmm, are you talking about the patents, the gadgets....or the examiners? ;)

    1. Re:Cheap, eh? by mikeage · · Score: 3, Funny

      Good - and with the downturn in the high tech industry you can get them cheap.
      Ummmm, are you talking about the patents, the gadgets....or the examiners? ;)


      Yes.

      --
      -- Is "Sig" copyrighted by www.sig.com?
  3. Dammit by Anonymous Coward · · Score: 1, Funny

    Well, there goes all my hopes at becoming rich on the simple, all-encompassing patents I am waiting on.

  4. That's all fine and good, but... by wonder · · Score: 5, Insightful

    call me a cynic if you will, but hiring more people to do a job doesn't necessarily mean they'll do it well. Sure, they're engineers with experience and we all might assume that they'll have a bit more insight into what should and shouldn't be legitimate claims. However, they're still going to be under someone who's giving out the directions on how things are supposed to be done, and that someone is probably well entrenched in the thinking that's become the object of many a laugh on these message boards. Strange how independent thought tends to wither and dry up after enough time has passed in almost any job. Here's hoping..

    1. Re:That's all fine and good, but... by Man+of+E · · Score: 3, Insightful

      Agreed for the most part, but a larger problem with the patent office that goes hand in hand with "entrenched thinking" is the patent office's legendary bureaucracy. If one of these clerks thinks a claim might not be legitimate, how many hoops will they have to jump through to get their point across to all the entrenched thinkers involved, and how much paperwork will it take!
      I'm sure the new hires will start out wanting to do the job well, but after filling out forms in triplicate for a few proposals to kill a illegitimate claims for reasons only engineers would understand, they'll end up as entrenched as everyone else. A waste of good talent.

      --
      Ceci n'est pas une sig
    2. Re:That's all fine and good, but... by scotch · · Score: 1
      If one of these clerks thinks a claim might not be legitimate, how many hoops will they have to jump through to get their point across ....


      One assumes this is the task for which they are employed, not some contigency occurence for which operating manuals would be referenced.

      --
      XML causes global warming.
    3. Re:That's all fine and good, but... by hamburger+lady · · Score: 2, Informative
      actually, its pretty damn easy to reject a claim, even if your evidence isn't that great.

      what can be hard is allowing an application. actually, this is what examiners want, because it lets them work on other applications, and you only get credit for the first (i.e. first rejection) and last (issue) actions. all the piddly arguing with the attorney is a waste of time that could be better used on another application. also, allowances are hella easy, it only takes about 15 minutes to whip one up.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    4. Re:That's all fine and good, but... by Anonymous Coward · · Score: 0
      Fine - you're a cynic.

      One-one-thousand, two-one-thousand, three-one-thousand ...

  5. as cheap as ever by mr_death · · Score: 1
    Good - and with the downturn in the high tech industry you can get them cheap.

    Sorry -- government work is on a standard scale, which doesn't vary with the vissitudes of high tech.

    There will, however, be more interested high tech workers, which should improve the quality of patent examinations.

    --
    It's Linux, damnit! Pay no attention to renaming attempts by self-aggrandizing blowhards.
    1. Re:as cheap as ever by ICodeThereforeIAm · · Score: 1

      Do you mean Vicissitude?

    2. Re:as cheap as ever by selan · · Score: 3, Informative
      Actually, the feds have a special pay scale for IT workers that is much closer to typical tech salaries.

      You can check it out at http://www.opm.gov/oca/01tables/SSR/index.htm.

    3. Re:as cheap as ever by mr_death · · Score: 1

      Yeah ... I can't spell this early in the morning.

      --
      It's Linux, damnit! Pay no attention to renaming attempts by self-aggrandizing blowhards.
  6. Hiring People to Assess Patents by Renraku · · Score: 2, Insightful

    Hopefully the people they're hiring have many years of experience in analyzing patents and inventions. Hopefully they're all intelligent, unbiased and unassuming. We all know this isn't going to be so..We can only hope someone doesn't do something like give (insert large software/hardware company here) a patent on some key patent that will allow them to sue everyone that owns a computer and uses the internet. Hey, it could happen, but we must hope that they're hiring the best...or it just might.

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    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  7. Steal ideas before they are patented by Anonymous Coward · · Score: 0

    Work for the USPTO and incorporate any good ideas that fly across your desk into Open Source projects before the applicants get their undeserved patents!

  8. Cheap? by Anonymous Coward · · Score: 0
    and with the downturn in the high tech industry you can get them cheap.

    Patents?

  9. Why only EEs? by c_jonescc · · Score: 2, Interesting

    The article states that comp. engs. and EEs are the ones being hired, but most scientists with higher degrees should be able to do this job. Physicists usually arn't considered for engineering jobs, both in govt and industry, and I have never understood why.

    --
    Getting diabetes AND salmonella would be a bad weekend.
    1. Re:Why only EEs? by Edgewize · · Score: 2

      They probably don't take physicists because physics majors tend to be too theoretical in everything. "Oops, I admitted a patent on the letter E? Must have been an experimental error."

    2. Re:Why only EEs? by SirSlud · · Score: 3, Insightful

      I think Engineers generally have a broader base of understanding of the impacts of technology and a generally more holistic view on the science/tech map. In a patent examiner, you'd hope they would be considering patents in the broader scope of technology.

      My father is a physisist with a PHD and works as the prinicipal research scientist of a mass spectrometry company; while he holds several patents, I highly doubt he has the wide picture needed for assessing the validity of patents.

      Also, engineers, and I'm just guessing here, are more used to dealing with reports in the vain of patent applications; with schematics, circuit diagrams, etc. I dunno, I think it just has to do with the broader knowledge base engineers are required to possesses, in light of the fact that they are the last layer of higher education before a product hits the market. R&D tell you what can be done; engineers do it.

      Lets also not forget that they are doing this to deal with the new influx of technology related patents, as the western world increasingly becomes patent happy. In this respect, I'd bet that much of this influx relates to inventions stemming directly from the comp/ee world.

      --
      "Old man yells at systemd"
    3. Re:Why only EEs? by spectecjr · · Score: 1

      They probably don't take physicists because physics majors tend to be too theoretical in everything. "Oops, I admitted a patent on the letter E? Must have been an experimental error."

      Depends on the country. In the US, that is the case. In France... it's arguable (Physics majors tend to have a very very hard math background). In the UK? It'd be closer to having someone with a mech eng. / Eeng degree, who knows a boatload about physics AND engineering.

      *shrugs* why the disparity though? I have no idea.

      Simon

      --
      Coming soon - pyrogyra
    4. Re:Why only EEs? by c_jonescc · · Score: 2, Interesting

      I do not think that an engineering education is at all more broad than a physicists. True, with a bachelors degree an engineer is probably more prepared to build something distributable, but engineering degrees are inherently specific. You only learn optics, or mechanics, or electronics, whilst a good physics program should cover all those areas with depth. I just don't think an engineer can cover as much as a physics Ph.D. But then I am working on my physics Ph.D. so I might be somewhat biased.

      But during my undergrad days I interned for Lockheed Martin and they just didn't know what to do with a physics major. All the engineering majors had placements, but since I wasn't optical or mechanical or chemical or electrical, they didn't know what I could do, while I honestly think I could have been productive in any of the groups. I may not have memorized the "right" formulas for calculation at that point, but I did have a deeper understanding of the fundamentals, and from there the calculations are a small step away.

      Seems that the label before the word engineer is what HR usually looks at.

      --
      Getting diabetes AND salmonella would be a bad weekend.
    5. Re:Why only EEs? by Anonymous Coward · · Score: 0

      >You only learn optics, or mechanics, or electronics,

      lol!. You should try an engineering degree,
      mate.

      Structures , thermo, fluids, mechanics , accounting, law, industrial relations, these were
      some of the subject I had to do aside from my electronic subjects.

      Not to mention the chemistry, physics, maths...

      But I have no disagreement with HR being superficial.

    6. Re:Why only EEs? by markmoss · · Score: 2

      a) EE Times is naturally going to concentrate on the EE jobs, but it's not only EE's. Go to uspto.gov and look at the job listings.

      b) I think engineers would generally make better patent examiners (in their particular field) than physicists because engineers have a better grasp of the existing practice. When it comes to the worst patents the hard part evidently isn't understanding the application or searching the patent database, it is recognizing when the patent claims to cover an idea that is never-patented but already in use (and therefore public domain). E.g., to check out an application concerning communications between computers, familiarity with the rarefied mathematics of communications theory is less useful than the ability to recognize an attempt to patent the IP protocol...

      (Maybe I'm biased. I switched from physics to EE. But I remember one physics prof who might not have realized that a patent application for a "circular transportation facilitation device" had prior art called the "wheel". No decent engineer would ever make that mistake.)

      Familiarity with "hard" science fiction might help too. /. once brought up a patent which claimed to cover the very idea of PDA's -- it's not going to hold up, because Arthur C. Clarke described a PDA in Imperial Earth, written in the 70's.

      What I do worry about though, is:

      1. Will they get good engineers with working knowledge in their fields, or just people with EE degrees? Starting pay of $50K isn't much for a good engineer, especially if the work is non-creative, involves excessive paperwork, and is located in the only city run by a congressional committee...

      2. How will their engineers stay current in their fields when they aren't actually designing anything?

      3. The bureaucratic motivations are still all wrong. Reject an application and the applicant can, and often will, sue the bureau. Rubberstamp the application, and there may be worse lawsuits, but the bureau isn't involved. Now, if the bureau got to pay the legal fees & court costs whenever a patent was successfully challenged...

    7. Re:Why only EEs? by Anonymous Coward · · Score: 0

      Probably because most physicists don't know their ass from a black hole.

  10. Huh? by certsoft · · Score: 1, Insightful
    In the IC industry, Dwyer said, "We are seeing simple ideas in new fields that are patentable."

    Isn't this the basic problem with the USPTO these days? If they are simple ideas do they really deserve a patent?

    1. Re:Huh? by Zordak · · Score: 2, Insightful

      Simple does not mean blatantly obvious. Usually, finding the simple solution is a much more challenging task than coming up with a complicated one.

      --

      Today's Sesame Street was brought to you by the number e.
  11. EEs? by OldAndSlow · · Score: 1

    Oh good. 500 EEs, who know about as much about software as I do about circuit design. This is certainly going to help with goofy software patents.

    (for all of you offended EEs, I actually do know a bit about circuit design)

    1. Re:EEs? by hamburger+lady · · Score: 1
      well, thats because the EEs are going to be examining EE applications, not software patents.

      RTFA

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    2. Re:EEs? by Anonymous Coward · · Score: 0

      Who said anything about software patents? Oh, right... this is /. and I forgot that everything gets viewed from the perspective that the world revolves around PCs, Linux and the internet (and bad software patents, freedom-restricting US laws, Microsoft, oppressive trade industry organizations and other stuff that is important to exactly 1% of the total human population)

      It doesn't.

    3. Re:EEs? by Anonymous Coward · · Score: 0

      It's been my experience that EEs who have graduated in the past 5 years have know a lot more about software than do those EEs who have been in industry for many years.

      I've even seen a lot of newly graduated EEs who are getting jobs as programmers. If they grab some of these younger EEs (who are also more readily excepting of open source ideas) they may not be too bad off.

  12. I actually start at the USPTO in January by sohcrates · · Score: 1

    I'm one of the "500 new EE's" that the USPTO is hiring. I graduate in December and start in January. It's a pretty nice setup, and i'm kind of pumped to be on the cutting edge of technology (so to speak)

    1. Re:I actually start at the USPTO in January by forgetmenot · · Score: 1

      Cool. A slashdot spy.
      So you'll give us a heads up when evil-company-X applies for inane-patent-Y and you can make some extra dough (karma points?) on the side taking bribes from the /. community to recommend a thumbs down to said patent. :)

    2. Re:I actually start at the USPTO in January by sohcrates · · Score: 1

      but that would be ILLEGAL!

    3. Re:I actually start at the USPTO in January by geekoid · · Score: 2

      No offense, but I would rather see someone with actual experience. You'll agree with me in about 5 years.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:I actually start at the USPTO in January by Anonymous Coward · · Score: 0

      You are an insult to your industry, working for a Government office that works to allow big corporations to oppress the freedom of others. I hope you find it hard to sleep at night.

    5. Re:I actually start at the USPTO in January by sohcrates · · Score: 1

      Oppress the freedoms of others? WTF are you talking about? The ability to grant patents is one of the greatest features of our country! Itellectual Property is a HUGE right to have. I'll be sleeping just fine at night

  13. Will this help with software patent issues? by Hiro+Antagonist · · Score: 2, Insightful

    I think this is definitely a good thing, but an electrical engineer is not qualified to examine a software patent; EEs and CEs deal mostly with hardware and software written in extremely low-level languages (such as assembly or raw machine code). It seems to me that the USPO desperately needs programmers (CS people) to look at the flood of incoming software patents to prevent cascades of lawsuits like the ones following the dot-com bust; e.g., where a company patents an already well-known or incredibly vague algorithm, and then files suit against everybody from Bob Dobbs to the Care Bears for patent violation.

    --

    --
    I Hit the Karma Cap, and All I Got Was This Lousy .sig.
    1. Re:Will this help with software patent issues? by Anonymous Coward · · Score: 0

      What's a 'CE'?

      Back where I come from a CE is the abbreviation for a 'customer engineer', which is basically the guy who vaccums the lint out of the enclosure and runs the diagnostic program. Then he yanks a card and swaps in another and is off to the next call.

      If you mean 'computer engineer' that's just a fancy name for someone who decided 'I want a high paying job in computers' and so went into a 'Comptuer Enginnering' program somewhere.

      Engineers are people with Electrical Engineering, Mechanical Engineering, or Chemical Engineering degrees from accredited schools.

      Nobody else in the tech area should be allowed to be called an 'engineer'. In particular the 'certified engineers' who know how to click the GUI buttons on Microsoft, Novell, or Cisco products are disqualified.

      Deal with it.

    2. Re:Will this help with software patent issues? by Hiro+Antagonist · · Score: 1

      CE = Computer Engineering; a subset of EE with an emphasis on computing systems (as opposed to radio, generators, etc.). I don't mean a job-shopper who just got their MCSE; a CE (in this case) is an EE who simply enjoyed working with computers more than anything else.

      I completely agree that one should not hold the title of engineer for getting a certificate from some company; just because you can configure a Cisco router or install Unix on a Sparc workstation does not make you an engineer. It makes you a competent technician, but not an engineer.

      --

      --
      I Hit the Karma Cap, and All I Got Was This Lousy .sig.
    3. Re:Will this help with software patent issues? by ethereal · · Score: 1

      Speak for yourself; as a computer engineer I had courses in everything from analog circuits up to and including Lisp, with a healthy exposure to CS algorigthms on the way. Just because some engineers' degrees are deficient doesn't mean they all are :)

      --

      Your right to not believe: Americans United for Separation of Church and

    4. Re:Will this help with software patent issues? by Dan+Ost · · Score: 1

      Most of the top notch programmers I've had the pleasure of working with had their original degrees in EE.

      In fact, I find that EE types are far more productive than CS types when it comes to implementing software and are more likely to be making an effort to keep current with new stuff.

      I think this bodes well for the patent office.

      --

      *sigh* back to work...
    5. Re:Will this help with software patent issues? by aozilla · · Score: 2

      It seems to me that the USPO desperately needs programmers (CS people) to look at the flood of incoming software patents to prevent cascades of lawsuits like the ones following the dot-com bust

      They sure don't know that. Not only are they not actively hiring CS majors as patent agents, you can't even become a patent agent with a degree from most CS programs. Yep, spent four years at Rutgers, graduated at the top of my class, and I'm not even qualified to reject patent applications. OK, OK, Rutgers is a shitty school, but still...

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
  14. Government getting better techies by dlek · · Score: 2, Insightful
    In terms of techspertise (I think I just made that up!) the economic downturn is good for government. The Canadian gov't is licking their chops cos with the recession they can finally afford some good tech people.

    And sometimes, what's good for government is good for us all. This economic dry patch might be good for the industry in the long term, starting with a beefed-up US patent office.

    dlek

    1. Re:Government getting better techies by SuperguyA1 · · Score: 1

      In terms of techspertise (I think I just made that up!)

      Great! Patent it!!!
      It's not like they are going to reject it.

      --
      "as plurdled gabbleblotchits on a lurgid bee" - Prostetnic Vogon Jeltz. (One man's humorous is another mans flamebait)
  15. Gadgets not software by M_Talon · · Score: 5, Insightful

    If you read the article, you'll see this only applies to telecommunications and electronic devices. No mention made about software or Internet technology. So no worries, folks, I'm sure we'll still have plenty of silly "one-click" patents to talk about here on /.

    --
    Electronic Frontier Foundation for online civil rights information
    1. Re:Gadgets not software by wiredog · · Score: 2

      Like this one?

    2. Re:Gadgets not software by M_Talon · · Score: 1

      Yeppers, that's what I'm talking about.

      --
      Electronic Frontier Foundation for online civil rights information
    3. Re:Gadgets not software by Tackhead · · Score: 3, Funny
      > If you read the article, you'll see this only applies to telecommunications and electronic devices. No mention made about software or Internet technology. So no worries, folks, I'm sure we'll still have plenty of silly "one-click" patents to talk about here on /.

      USPTO: Look, we need 500 new engineers for the USPTO, and we need 'em now.

      Grunt:Why?

      USPTO:Because we have so many frivolous patent applications coming in for crap like clicking on web sites and ways to keep cats amused that our current examiners can barely keep up with the load. You got any idea how tired a guy's arm gets slamming down that damn rubber stamp for eight hours a day, five days a week, 52 weeks a year?

      Grunt:Ah, I get it. You want a different process for the types of companies that might have actual innovations, but what you really want to do is make sure idiot dot-coms with obvious applications of prior art also have a fair shake at approval!

      USPTO:For great justice, approve every patent!

  16. they've been hiring for a while now by hamburger+lady · · Score: 4, Insightful
    when i joined the PTO 3 years ago, the boss-man was all 'yeah, we need a lot of people now'. he's been saying that every month since.

    the job is not at all difficult. but don't think you can change the system somehow, i spend most of my time trying to untangle myself from the beaurocracy that is the patent office.

    pays well tho.

    --

    ---
    Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    1. Re:they've been hiring for a while now by John+Miles · · Score: 2

      the job is not at all difficult

      Yes, I suppose it's quite relaxing, as long as you don't get your finger caught in the 220-volt rubber-stamping machine that you guys must have down in the basement.

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    2. Re:they've been hiring for a while now by hamburger+lady · · Score: 1
      hell, i only allow about one application a month, given that i generally knock out about 20 or so rejections during the same time.

      but say whatever you want, cause we're all a bunch of drooling idiots anyways, i mean, this *is* /.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    3. Re:they've been hiring for a while now by Anonymous Coward · · Score: 0

      Hay.

      Here at work we have reward ceremonies where people get $500 for each patent that gets approved.

      Plus cool attaboys at the quarterly meetings, and cheese cutting boards (after you pry off the brass plated aluminum sheet metal with the 'engraving' stamped on it).

      Don't be screwing up a good thing.

  17. This appears to be a Good Thing (tm) by the_rev_matt · · Score: 1

    But only time will tell. Good idea and good implementation are two completely different things. And of course, I'm currently working on a Java project for the guv, and we were told "performance is not important". Go figure.

    Another question is will the soon-to-be-confirmed REAL head of PTO continue this plan or will he decide to cost cut and eliminate the hiring of engineers in favor of less expensive choices?

    --
    this is getting old and so are you

    blog

  18. dunno about you, but. . . by waxmop · · Score: 2, Funny

    i'm putting together my rez right this minute - goodbye dreary finance meetings and hello checking 'adult pleasure devices' for prior art!

    1. Re:dunno about you, but. . . by _ph1ux_ · · Score: 1

      only problem is that they are only accepting applications from ppl who currently work with the MPAA and RIAA

  19. They need to change the revenue model. by IGnatius+T+Foobar · · Score: 5, Interesting

    The real problem with the PTO is that they make money when a patent is awarded. Therefore they are motivated to award as many patents as possible. This needs to change before the "patent everything" mindset will stop getting its way every time.

    --
    Tired of FB/Google censorship? Visit UNCENSORED!
    1. Re:They need to change the revenue model. by robbway · · Score: 3, Insightful

      They get their money from the application process. So the incentive is get through as many patents as possible. There is a quota system that supports this policy.

    2. Re:They need to change the revenue model. by Anonymous Coward · · Score: 5, Informative

      Uh what are you talking about? I work at the PTO and really don't understand your comment. Our money comes from applications and renewals, not from when a patent is approved.

      If there is a problem at the PTO it is too few examiners and a production quota system that values speed over quality.

    3. Re:They need to change the revenue model. by hamburger+lady · · Score: 3, Interesting
      man, that is one of the dumbest things i've ever heard.

      we make money from everything, from the filing to the issue. in fact, i've made the PTO more money in fees from NOT allowing cases, since the attorney has to pay evertime he amends the application.

      the real problem is people who don't know what the hell they're talking about.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    4. Re:They need to change the revenue model. by Nicolas+MONNET · · Score: 2, Insightful

      Sorry, the OP is still right.

      If the USPTO (and, in the same way, the EPO) was stricter on patent applications, and rejected all the bogus shit we see derided here on slashdot, ....

      ... the con artists would stop submitting those bogus patents.

      And ... the patent office would indeed make less money.

    5. Re:They need to change the revenue model. by derickh · · Score: 1

      Albert Einstein worked for the Swiss Patent Office because only took him an hour or two a day to do his job. The rest of the time he goofed off developing tings like relativity. If they pay people per patent awarded it will motivate people not to goof off and do physics :-)

    6. Re:They need to change the revenue model. by benedict · · Score: 2

      Not to mention, the PTO can't collect renewal fees on patents they don't grant.

      --
      Ben "You have your mind on computers, it seems."
    7. Re:They need to change the revenue model. by dattaway · · Score: 2

      Our money comes from applications and renewals

      If I understand this motivation, investing in an approval now yields future returns in renewals

    8. Re:They need to change the revenue model. by mpe · · Score: 2

      Albert Einstein worked for the Swiss Patent Office because only took him an hour or two a day to do his job.

      It probably helped that he was suitibly skeptical of the applications he saw.
      Whereas is modern counterpart appears to almost take the view "I don't undrstand it so it must be an innovation"...

    9. Re:They need to change the revenue model. by hamburger+lady · · Score: 1
      the con artists would stop submitting those bogus patents

      i have only seen a scant few applications that i would consider 'shady' as if done up by someone trying to get a patent on the wheel or what-not.

      i enjoy being one the more rejection-happy examiners, but i know that even if everyone at the office were like me, it still wouldn't stop the tide of applications we get every year.

      further, at least in my area, the latency of applications is staggering- i'm working on applications filed in 1999. so even if people practically stopped sending in aplications today, certain areas in the PTO wouldn't even feel the effect for yeaers to come.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    10. Re:They need to change the revenue model. by Fluid+Truth · · Score: 1

      And, if companies know that they won't be awarded every little, stupid patent, they won't bother applying for the ones that are bound to be rejected. Hence, less applications.

      --
      Apparently, of the rich, by the rich, for the rich.
  20. Circuit patents == software patents? by re-geeked · · Score: 4, Insightful

    Here are questions that jump in to my mind on reading this:

    Is there a problem with patenting of electronic circuit designs that's similar to the familiar problems of patenting algorithms, processes, and genetic materials?

    Namely, are there too many patents for devices that don't have proven, unique, new, and specific utility, and that don't necessarily require inventive insight?

    Are we giving "same as the last design, just add this component" electrical device patents?

    Is this how IBM, Motorola, and Intel compile such impressive numbers of patents granted?

    It certainly seems like this could be the case. Seriously, I'm curious about info/opinions on this.

    --
    "You can't get something for nothing." - my grandfather, on the stock market and Reaganomics.
    1. Re:Circuit patents == software patents? by sheldon · · Score: 2

      Yes, that's how it works.

    2. Re:Circuit patents == software patents? by markmoss · · Score: 3, Insightful

      Are we giving "same as the last design, just add this component" electrical device patents? I think they are, and what's wrong with that? Most patents simply protect one particular device from near-exact copying, and don't try to cover all ways of doing the same thing. Such patents protect step-by-step improvements on old designs, without hindering anyone who designs a different competitive product. Narrow patents like these meet the reason for patents expressed in the Constitution: "To promote the progress of science and the useful arts".

      Patents become counter-productive (block progress) when they are too broad and claim to cover all ways of accomplishing something. This can only occur if either someone is remarkably innovative, or if they are claiming more than they actually originated. I suspect it is almost always the latter case, because when "great inventions" are placed in their historical context, nearly always the inventor was either pulling together existing ideas (Edison, the Wright Brothers), or was unable to make his idea work well enough in practice and had to leave it to a later generation with better materials (Da Vinci, Babbage).

      The problem is, when it comes to software and high-tech "business methods", the patent office is often so confused as to grant ridiculously overbroad patents. Sometimes it allows very wide-ranging claims on an idea that is at best a slight improvement upon existing practice -- because the existing practice was never thought patentable, so searching their database doesn't turn it up, and the examiners are insufficiently familiar with the ideas that are in the public domain. An extreme example of this is the recently granted Aussie patent for the wheel; since patent databases don't stretch back to 5,000BC you aren't going to find the prior art there, but you think someone _should_ have noticed. Or in many cases, there is some small idea that may actually be innovative, but the patent claims far more than that -- analogous to claiming to have invented the wheel when actually you just invented a better kind of cotter pin to hold the wheel on the axle... You'll get clobbered if you go to trial against anyone who isn't using your new cotter pin, but often they'll pay modest royalties instead of bearing the expense of going to trial.

      The most damaging patents of all are extremely broad ones filed by people who never created a successful product, but who simply guessed which way technology was headed, filed a vague patent application, and kept amending it for many years. About 1960 someone filed a patent on a block of silicon containing six transistors, interconnected by soldered wires; a long series of amendments and legal arguments kept this from being either issued or rejected until the 1980's, when it finally issued as a patent on integrated circuits! An IC of the period (say an 80286 CPU) resembled the original device like an aircraft carrier resembles a dugout canoe. The "inventor" hadn't done the 20-some years of work that advanced IC manufacture from six disconnected transistors to about a million connected transistors, but he wanted to cash in on it.

    3. Re:Circuit patents == software patents? by re-geeked · · Score: 3, Interesting

      While I agree wholeheartedly with your feelings on overbroad patents, to answer your question: what's wrong with old-patent-plus-one-bit patents? I'd say that they are evidence of the fact that our patent system has become an expensive, elaborate joke.

      If a company has enough resources and enough of a stake in an area of technology, they can pepper the patent office with enough variations and guesses and might-work-somedays to leave others with the choices of: do the same, stay out of the field, or take your chances.

      Sometimes, they'll take a shot at a big home run, which gives the overbroad patent, and sometimes they'll look at someone else's home run attempt and find a little room for improvement. The fact is that neither patent is worth as much to the public as the applicant hopes to get out of it.

      I agree that your IC patent example is silly, and is a counterincentive to those who would put capital behind technology development. Isn't a patent that adds that millionth transistor just as silly, and a counterincentive to someone who would like to establish a new venture in the field?

      Anyone still reading wants to know what the answer is, and I'm not sure, but I think the only way out is for the PTO to treat a patent grant as a damn special thing that occurs to the rare, deserving breakthrough. Maybe there should be a limited number of patent grants?

      The PTO also needs to avoid punishing those who don't apply for patents (boy I bet that farmer from Ur is rolling in his grave over the wheel patent!), since that seems to just encourage the defensive-patent peppering.

      As it stands, I'm having a hard time seeing how patents really serve to protect inventors or reward capitalists much.

      --
      "You can't get something for nothing." - my grandfather, on the stock market and Reaganomics.
  21. Re:please close this section by blosscore · · Score: 1

    this is hardly news for nerds.

    I would like you to note the fact that they are hiring eletrical technicians, to help with patents gadgets. I don't know a single nerd that doesn't love a new toy.

    ::When I am king you will be first against the wall::

    --

    ::When I am king you will be first against the wall::
  22. New Hires vs. Policy by HiThere · · Score: 4, Interesting

    New hires don't set policy. The policy appears to be to grant as many patents as feasible. So more new hires will just let them grant more patents quickly.

    I may misunderstand this, but my understanding is that the funding for the patent office is somewhat dependant on the number of patents granted. Possibly that was the performance evaluation of the patent examiner. I'm sure that many of the people there try to do the best job feasible under the circumstances. But with those circumstances...

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
    1. Re:New Hires vs. Policy by jmauro · · Score: 4, Insightful

      The patent's office funding doesn't come from granting as many patents as possible, but other orginizations who are more politically backed funding comes from the patent office granting more patents. The sad part of it is that even if the patent office gets more income from the patenting process they can't hire more people or make other decisions based on that process because Congress takes away all of their surplus if they are over the budgetted amount. It's an aweful cycle that no one seems to be able to break.

  23. The real question, however... by PhReaKyDMoNKeY · · Score: 2, Funny

    ...is whether or not they'll help keep down the level of bullshit patents (defensive patents or whatever you call them) so certain companies *cough*adobe*cough*macromedia*cough*microsoft* won't be able to sue willy-nilly anymore. Well, I'm sure they'll find a way to do that anyway, but it might slow them down a bit.

    Damn the evil corporations!

    1. Re:The real question, however... by spectecjr · · Score: 3, Interesting

      ...is whether or not they'll help keep down the level of bullshit patents (defensive patents or whatever you call them) so certain companies *cough*adobe*cough*macromedia*cough*microsoft* won't be able to sue willy-nilly anymore. Well, I'm sure they'll find a way to do that anyway, but it might slow them down a bit.

      Name ONE case where Microsoft has used their patents aggressively, rather than to defend themselves from lawsuits against others.

      Just ONE. That's all I ask.

      Simon

      --
      Coming soon - pyrogyra
    2. Re:The real question, however... by Anonymous Coward · · Score: 0
      They charge a fee for licensing their intellectual property. That is exactly one.


      Then again, so does IBM, Sun, Unisys, ...etc.

    3. Re:The real question, however... by spectecjr · · Score: 1

      They charge a fee for licensing their intellectual property. That is exactly one.

      You obviously have a differing view of what constitutes using patents to attack people than ... well... the rest of the world.

      Simon

      --
      Coming soon - pyrogyra
    4. Re:The real question, however... by PhReaKyDMoNKeY · · Score: 1

      I will concede to you on that point since I'm too lazy to research the issue. I'll stick with what I know: approximately dick.

    5. Re:The real question, however... by PhReaKyDMoNKeY · · Score: 1

      From the first page of hits in a Google search for "microsoft patents." *shrug* You decide.

      http://techupdate.zdnet.com/techupdate/stories/m ai n/0,14179,2808548,00.html

      http://slashdot.org/articles/99/02/04/169219.sht ml

      http://www.advogato.org/article/101.html

      http://www.theonion.com/onion3311/microsoftpaten ts .html

  24. I'm sorry but... by Unknown+Bovine+Group · · Score: 1

    The hiring of new engineers to fix technical issues® is a patented process.

    --
    m00.
  25. Mod up! by Anonymous Coward · · Score: 0

    An excellent point.

  26. Great! by susano_otter · · Score: 2, Funny

    Now maybe they'll have time to approve my patent for "a solar-powered perpetual motion machine in an open entropic system". Once that's done, I can get busy collecting royalties on all those solar-powered cars, calculators, and roadside assistance phones!

    --

    Any sufficiently well-organized community is indistinguishable from Government.

    1. Re:Great! by the_2nd_coming · · Score: 2

      a solar-powered perpetual motion machine in an open entropic system

      a perpetual motion machine would be powered under the energy that is released by the out put of the system....I.E. you start the car, and all the revolutions of the tires after that initial start would be powered by the energy given off by the car moving. a solar powerd machine is anything but perpetual, it still falls under the laws of thermodynamics.

      --



      I am the Alpha and the Omega-3
    2. Re:Great! by shogun · · Score: 1

      You are quite correct, I think you misplaced the what the adjectives refer in his description: a solar-powered perpetual motion machine in an open entropic system In his patent its the machine that is perpetual, not the motion. So all he needs to do is build it out of something very durable and its perfectly patentable.

    3. Re:Great! by the_2nd_coming · · Score: 2

      God I hate Semantics

      --



      I am the Alpha and the Omega-3
  27. 500 patent examiners... by Dutchmaan · · Score: 2, Funny

    So what does that equate to in the proportional number of corporate lawyers...???

    Something like this could result in a lawyer singularity!!!

    Not even rational thinking can escape a lawyer singularity!!!

  28. (+5, Insightful) [mod up parent] by ijx · · Score: 3, Interesting

    What a wonderfully simple and powerful concept...

    It reminds me of something Joel Spolsky wrote, about how Microsoft programmers get paid per line of code written, not by the quality of the code. Furthermore, they get paid more for every bugfix. This means that their personal 'revenue models' encourage flawed code.

    Just something to chew on...

    1. Re:(+5, Insightful) [mod up parent] by Anonymous Coward · · Score: 1, Funny

      No, that was a Dilbert strip. Microsoft engineers get paid a salary commensurate with their position in the company.

    2. Re:(+5, Insightful) [mod up parent] by Anonymous Coward · · Score: 0

      Cut that out.

      Everything in Dilbert is the truth. and don't you forget it!

  29. A good thing? by Nijika · · Score: 1

    I think so. More patent officials means more patent rejections.

    --
    Luck favors the prepared, darling.
  30. Yeah, but when are they going to hire SW engineers by Anonymous Coward · · Score: 2, Interesting

    I wonder whether the anti-patent crowd here on /. and elsewhere would be happier if the PTO had a cadre of software engineers who specifically vetted software patents. Perhaps if the one-clicks and other "obvious" ideas never made it through in the first place, there wouldn't be so much to complain about. Where were the complaints against software patents prior to the rise of the Open Source trend?

  31. Re:LINUX is good by Polsar · · Score: 1

    Please direct all your tech support questions to null@dev.com

    --
    "Gravity cannot be held accountable for people falling in love." -Einstein
  32. Re:LINUX is good by Anonymous Coward · · Score: 0

    I dont get that joke. I understand jokes that make fun of Microsoft and jokes that make fun of patents only. Please provide a joke in that format. Thank you for your help.

  33. Re:Yeah, but when are they going to hire SW engine by spectecjr · · Score: 1

    Where were the complaints against software patents prior to the rise of the Open Source trend?

    Given that the 'Open Source trend' started largely around the time that the Internet started to get really popular worldwide -- such that the average joe could access it without paying through the nose -- it's perhaps not surprising that the two events correlate somewhat. You don't start hearing complaints until you start hearing from other people :) And for that, you need a communications infrastructure.

    Simon

    --
    Coming soon - pyrogyra
  34. tirademarks pateNTdead by Anonymous Coward · · Score: 0
    We recently patentdead all the non-letter keys on your keybored. So far there have been few challenges to our inaction. We're only considering enforcing our writes on the black dot at this time.

    don't forget to enter our big URL giveaway. Includes a year's free hosting, & unlimited use of our patentdead black dot.

    fud is NOT dead? you've got to be kidding?

  35. Speeding up the Output by KarmaBlackballed · · Score: 4, Insightful

    500 more examiners just means we will see more patents coming out of the mill, not better ones.

    The problem we face is not that we do not have enough examiner staff to properly consider submissions. Rather, the fundamental problem is that we give monopoly rights to software at all.

    Money drowns out common sense any day.

    --

    --- -- - -
    Give me LIBERTY, or give me a check.
  36. darn by Billly+Gates · · Score: 1, Troll

    Well there goes my idea for patening a repetition structure with something called a do/while loop. I guess I have to work for my money like everyone else. BAHWAWA!

  37. Contradictory?!? by H0NGK0NGPH00EY · · Score: 1

    the US Government, specifically the PTO, is hiring up to 500 electrical engineers to help assess the validity of new patent claims on technical gadgets. Good - and with the downturn in the high tech industry you can get them cheap

    Am I the only one that sees a contradiction with that last part? If the downturn in the high-tech industry were having that much of an affect on EE's, why would they need 500 new hires to assess technical patents? Doesn't that mean that more technical patents are being submitted? Someone is being paid to develop these products and submit them for patent...

    My view is of course somewhat biased though, being that I'm a securely employed EE, and I certainly ain't cheap ;)

    --
    Do not read this sig.
  38. Two possibilities it seems... by Kasreyn · · Score: 3, Insightful

    If they're hiring more because "Oh no, we're catching a ton of flak over these recent patents, we need to make sure bad patents don't get through", then that's great. That's good.

    But if it's, "Dangit, we don't have enough people to rubberstamp corporate patents FAST enough! GWB needs us to Do Our Part for the economy by letting every patent through, find more rubberstamps!", then it'll only make things worse.

    -Kasreyn

    --
    Kasreyn: Cheerfully playing the part of Devil's Advocate to hairtrigger /. flamers since 1999.
  39. EE's are not cheap. by Zordak · · Score: 3, Insightful
    >> and with the downturn in the high tech industry you can get them cheap.

    You moron. EE's are not now and never have been cheap. The dot-com bust and downturn of computer sales have not left them wandering the streets with hopes of getting any job they can find. That's what happened to the hordes of IS geeks who thought they could make good money fast without actually learning a useful skill. EE's spend gruelling years in college earning their degrees because they know that once they get out, they are entering a market where they are constantly in demand. It's great that the USPTO is hiring some EE's, but that doesn't mean they're going to get them at minimum wage.

    --

    Today's Sesame Street was brought to you by the number e.
    1. Re:EE's are not cheap. by Anonymous Coward · · Score: 0

      Some software engineers got hit...dunno how deeply the current situation is. I wish I could get some honest information from someone that isn't a lobbyist group, though.

      Ya, webmonkeys and MCSEs are supposed to be hurting, though...

    2. Re:EE's are not cheap. by ErikZ · · Score: 1

      And normal geeks who have graduated college but don't have "X years using system Y in a working enviroment" on their resume.

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
  40. .sig heil! by Anonymous Coward · · Score: 0

    IIIIIIIII wanna beeee-eeee.... anarchy!

  41. GNU/Infiltration by Anonymous Coward · · Score: 0

    And when we have occupied enough vital government positions, then we can make our move for...

    WORLD DOMINATION!

  42. About Joel's site by Nicolas+MONNET · · Score: 1

    I just discovered this site you're referring to (Joel's site), and it's interesting to say the least. Here you have a Window$ programmer who has apparently *NEVER* heard of free / open source software.

    And he keeps ranting about software. His main gripe? "Man there's so much buggy canned software out there, including Microsoft's, it's like I spend my life as a developper working around bugs!"

    Use the source, Luke. Really, read the site and appreciate how much free/OS software makes our life easier.

    1. Re:About Joel's site by ijx · · Score: 1

      Actually, amusingly enough, he provides his customers with source...

      Yes, that means they have to pay first.

  43. Verilog by yerricde · · Score: 1

    500 EEs, who know about as much about software as I do about circuit design.

    Most digital design nowadays is done in a programming language such as Verilog and compiled into netlists. Given that Verilog code can easily be interpreted on a computer, there isn't much difference between a computer program and a circuit description for describing a computation; EEs can easily adapt.

    DeCSS in Verilog, useful for building your own DVD decoder
    --
    Will I retire or break 10K?
  44. Better Late Than Never by 4of12 · · Score: 2

    mmbrflglkmm...barn doors...horse.

    --
    "Provided by the management for your protection."
  45. How many examiners do they havee now ? by bug1 · · Score: 1

    Or put another way..
    Is this new hiring of 700 (in total) examiners is a significant percentage of their current staff levels.

    If it is significant, then they are practically confessing to prior mismanagment (as if that is in question) due to staff levels.

  46. Go free money from USPTO by Anonymous Coward · · Score: 0

    Accept the job at the USPTO.
    Spend first two weeks in training.
    Quit.(you don't want that job anyway, trust me)
    Go home.
    Bag money. Should be around $2k pretax.

    Speaking from experience of staying with that job for around 8 months.

  47. I am available :) by StarTux · · Score: 1

    Me me me, better than working at Kinko's :).

  48. The writing on the wall.(tm) by Anonymous Coward · · Score: 1, Informative

    I worked at the USPTO for about 8 months and I'll pass the following along, for I have seen the writing on the wall.(tm)

    Almost all the people they hire quit in the first year. This is extremely high turnover for a government job. So this would be a good overall indication of the quality of this job. People overwhelmingly prefer unemployment to working there.

    New hires are generally expected to fail. Therefore noone invests anything in them. And they fail, in many cases where they probably woundn't. Just as expected.

    Their employees steal computers, printers, and anything else that is not nailed down.

    Having USPTO on the resume makes people think you are lazy/inferior because you had a "government" job. Examining patents is probably the toughest job you would find anywhere. Working at the USPTO may help qualify you for work later on as a patent lawyer, but is actually a huge negative for a technical career.

    In addition you get these computer industry idiots who think you are responsible for the single dumbest things the patent office has ever one.

  49. Not So Fast on buying the Cheap EE's by Mojo+Geek · · Score: 1

    IEEE code of conduct sez ya don't sell yer wares on the cheap. And I would venture to say that even most EE's that don't belong to IEEE still subscribe to their code of conduct.

  50. Microsoft NOT pure Evil? But definitly dangerous. by Alsee · · Score: 1

    I skimmed more than 100 listing on Google and only managed to find two Microsoft patent lawsuits here and here. Amazingly both appear to be defensive counter suits!

    Before you start to feel too safe, take a look here where they discuss microsoft's "range of software patents that the company can potentially use down the line to attack and try to restrict the development and distribution of open-source software". It mentions at least one known patent Microsoft can use to attack Linux. Bruce Perens, Hewlett-Packard Co.'s open-source and Linux strategist theorizes that "They are going to hold onto these patents until they see what happens with the antitrust case against them. Once that is resolved, they will then use them against the open-source industry."

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  51. Patent this: by Snafoo · · Score: 1

    'A method for procuring the services of electrical engineers and other professionals inexpensively during an economic downturn or recession.'

    --
    - undoware.ca
  52. Oh dear by Trogre · · Score: 1

    Will this affect my application for an apparatus to safely transport up to 10 litres of dihydrous monoxide?

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife