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Patent Granted on Sideways Swinging

Matt Van Gundy writes "In another brilliant move by the well loved U.S. Patent and Trademark Office a patent (6,368,227) has been granted to a Mr. Steven Olson for inventing the method of swinging sideways on a swing. The patent even lays claim to "inducing a component of forward and back motion into the swinging motion, resulting in a swinging path that is generally shaped as an oval." I claim prior art, but perhaps I am one of the few fortunate ones who enjoyed this method of swinging long before its 'invention' by Mr. Steven Olson. " My favorite line from the patent : "The user may even choose to produce a Tarzan-type yell while swinging in the manner described, which more accurately replicates swinging on vines in a dense jungle forest. Actual jungle forestry is not required."

474 comments

  1. April Fool's is long past by Tensor · · Score: 1

    Tarzan yell ??

    c'mon ... there is no way i'm falling for this

    1. Re:April Fool's is long past by shyster · · Score: 3, Insightful
      What I can't figure out with this (and other stupid patents) is why it takes 1500 words to describe a method of swinging!?! Evidently, the patent office gets wowed by "technical" words such as parallel, perpendicular, and X-axis. Then, they are no longer able to think rationally and approve the patent.

      Or perhaps the boring, dry, technical aspect of these patent claims put them in a hypnotic trance. I guess that's why patent lawyers are paid the big bucks.

    2. Re:April Fool's is long past by glwtta · · Score: 3, Interesting

      Well they obviously don't have the manpower to read all the patents, so they probably do something similar to the IRS - approve everything that comes in (maybe check for a minimum lenght and minimum number of words longer than 5 syllables) and then "audit" a small random selection... you know by reading them.

      --
      sic transit gloria mundi
    3. Re:April Fool's is long past by Evil+Al · · Score: 1

      Come on, imagine being a patent examiner... all day looking at other peoples' ideas, most of them for better moustrap designs or long strings of dna. It must be incredibly boring. If I was doing that and saw the swinging application, of course I'd approve it.

      --
      Ah, computer dating -- it's like pimping, but you rarely have to use the phrase "upside your head" -- Bender
    4. Re:April Fool's is long past by (outer-limits) · · Score: 1

      It is funny, but you have to ask yourself the state of the Government when it cannot afford to run basic infrastructure correctly. This is not an anti-government rant, it is just an observation that a service that is essential for correct functioning of country. Refer to the air control system that was running on mainframe computers so old no business in its right mind would have them.

      --

      Microsoft - Where would you like to go today, Maybe Jail?

    5. Re:April Fool's is long past by Anonymous Coward · · Score: 0

      I would hope that those who read patents enjoy their job. It sounds kind of interesting to me.

      You'd have to be pretty bright to do the job well.

    6. Re:April Fool's is long past by cptgrudge · · Score: 2, Informative

      It can't be from April Fool's, it was filed November 17 of 2000.

      --
      Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
    7. Re:April Fool's is long past by jo42 · · Score: 1
      Quick, some one patent the Enter key.

      And stupidity as well!

      You'll make a fortune...

    8. Re:April Fool's is long past by dickens · · Score: 1

      Fairly bright? Like Albert Einstein ?

    9. Re:April Fool's is long past by First+Post+Counter · · Score: 1

      Congradulations, Tensor! Your first post has been officialy recognized as the true First Post

      Current Statistics:

      Logged in FPs: 3
      AC FPs: 0

      First Posters:

      1 - Spanko
      1 - teambpsi
      1 - Tensor

    10. Re:April Fool's is long past by quantaman · · Score: 2

      I'll have you know that I've just patented a method of transport that involves two legs moving in parallel in opposite directions with the objective of propelling oneself forward.

      And by the way, your lucky you didn't violate my other patent...
      I won't say what it was but let's just say that if you had stated "first post", "f1rst p0st" or anyother derivative thereof I would have sued you into oblivion;-)

      --
      I stole this Sig
    11. Re:April Fool's is long past by Anonymous Coward · · Score: 0

      It's call a "stack overflow."

    12. Re:April Fool's is long past by Ziffy · · Score: 1

      Better yet, patent a method of demonstrating the inefficiency of the US patent office by submitting a patent for a common device or procedure.

  2. Wow by mcg1969 · · Score: 1, Funny

    This is the funniest thing I've seen in a long time. If the patent office doesn't get egg on its face over this one... oh by the way, first post (I think)

  3. Interesting... by Sapphon · · Score: 4, Funny

    I'll have to try that position some time. I've been swinging for a while now and never come across a partner who.. oh wait ;-)

    --
    Antiquis temporibus, nati tibi similes in rupibus ventosissimis exponebantur ad necem.
    1. Re:Interesting... by Pancake+Lizard · · Score: 0
    2. Re:Interesting... by Anonymous Coward · · Score: 0

      You misspelled "Slashdot" in your sig.

  4. A Challenge by sirsnork · · Score: 1

    I challenge you all to find a more stupid method to patent.. And try :-)

    --

    Normal people worry me!
    1. Re:A Challenge by Anonymous Coward · · Score: 0

      This one's pretty stupid:

      Patent #5443036

      "Method of Exercising a Cat With a Laser Pointer"

    2. Re:A Challenge by Blipus · · Score: 1

      lol, Method of Exercising a cat by using a laser pointer. link i've been doing that for years now. but my stupid cat always gets bored after a couple of minutes, its not really a good way to exercise it.

    3. Re:A Challenge by h4x0r-3l337 · · Score: 1

      Something that works really well is to make the dot of light go up to something that's standing on the floor (a box, a loudspeaker, or a sofa will do), and then just as it hits it, turn it off. The cat will think the "critter" went underneath the object, and will sit there for a long time waiting for it to come back out. Call it a MENTAL extercise :)

    4. Re:A Challenge by Anonymous Coward · · Score: 0

      A Laser pointer will catch my cats attention for about 2 seconds.. then he ignores it.

      My dog however, falls for it everytime.

    5. Re:A Challenge by Anonymous Coward · · Score: 0

      A blatant example of the argument that cats are smarter than dogs...

    6. Re:A Challenge by osmood · · Score: 1

      Try patenting the American Electoral process :)

  5. Sure, it's obvious. Now. by Anonymous Coward · · Score: 5, Funny

    You fuckers can't simply accept that someone else has ideas that are new and unique, can you? Everything is obvious and easy to see once you hear it.

    Don't go saying that there's prior art or that it's such an obvious invention. Where is your prior art? Can you prove that the idea is obvious?

    I didn't think so. This patent stands.

  6. OMG ... its true by Tensor · · Score: 2, Informative

    OMG i can't believe this ...

    this is WAY too ridiculous to be true ... yet it is ... strange how life surpasses fiction time and time again.

    excerpt from page:

    Inventors: Olson; Steven (337 Otis Ave., St. Paul, MN 55104)
    Appl. No.: 715198
    Filed: November 17, 2000

    CLAIM

    I claim:

    1. A method of swinging on a swing, the method comprising the steps of:

    a) suspending a seat for supporting a user between only two chains that are hung from a tree branch;

    b) positioning a user on the seat so that the user is facing a direction perpendicular to the tree branch;

    c) having the user pull alternately on one chain to induce movement of the user and the swing toward one side, and then on the other chain to induce movement of the user and the swing toward the other side; and

    d) repeating step c) to create side-to-side swinging motion, relative to the user, that is parallel to the tree branch.

    2. The method of claim 1, wherein the method is practiced independently by the user to create the side-to-side motion from an initial dead stop.

    3. The method of claim 1, wherein the method further comprises the step of:

    e) inducing a component of forward and back motion into the swinging motion, resulting in a swinging path that is generally shaped as an oval.

    4. The method of claim 3, wherein the magnitude of the component of forward and back motion is less than the component of side-to-side motion.

  7. Good thing by martissimo · · Score: 1, Funny

    good thing my childhood tire swing was suspended by rope since his method only patents suspension by chains...

    hey maybe i could go patent the rope/tire method and become a millionaire!

    1. Re:Good thing by indecision · · Score: 1, Flamebait
      hey maybe i could go patent the rope/tire method and become a millionaire!

      You've disclosed your invention already, dumbass. This kind of carelessness is why the big companies always win out - a single person just doesnt have what it takes without the support of a few good lawyers.

      indecision

    2. Re:Good thing by echucker · · Score: 1

      He covered that base already- "DETAILED DESCRIPTION OF THE INVENTION The present inventor has created, through experimentation on a standard swing, a new and improved method of swinging. The swing is of the type described above, in which a seat is suspended between two chains that are hung from a substantially horizontal tree branch. As is apparent to those of ordinary skill in the area of swinging, the chains could be replaced with ropes, cables, or the like, or the tree branch could be replaced with another substantially horizontal support such as a metal bar or pole. "

    3. Re:Good thing by Lonath · · Score: 2

      You get a year to file your patent after it's disclosed (in the US), but overseas patent rights are lost.

    4. Re:Good thing by indecision · · Score: 1, Redundant
      Thanks! I was under the impression it was lost immediately, but maybe that's just over here in the UK.

      indecision

    5. Re:Good thing by Anonymous Coward · · Score: 0

      what kind of kid were you? we had tire swings made from chains. (it was one of those pre-constructed park things.) look at any pre-constructed park thing, and you'll probably find one. this guy patenting this thing is ludacris.

  8. Hilarious by Anonymous Coward · · Score: 0

    What's next?

  9. Sideways Swingers? by AlaskanUnderachiever · · Score: 2, Funny

    A sideways swinger's bar with a cowboy neal theme. Think of it. "Patent Pending Swinging Action" Hep Cats and Swingers Welcome Here. We'll make a mint!

    --
    Find out about my new childrens book: SS Death Camp Criminal Batallion Go To Monte Carlo For The Massacre
  10. Playgrounds are still safe ... by bupernfut · · Score: 2, Funny

    This only applies to two chains hung from a tree branch (specified in the Claims section). The background section describes "other substantially horizontal support" but it's not in the Claims section. Legalistic? Yes. But someone has to think of the children ...

  11. Prior Art!! by AVee · · Score: 2

    I did that when I before, and so did my sister!
    It's my invention! Mine, MINE, MINE!

    So I will swing sideways when I want to and I won't license it from you, sue me!

    1. Re:Prior Art!! by Cainam · · Score: 1

      But did you document it?

    2. Re:Prior Art!! by Anonymous Coward · · Score: 0

      hmm.. piece of wood suspended from a tree, swinging sideways.

      didn't the wookies use those to bash those crazy chicken walkers?

      i dunnow.

  12. Wrong topic. by codetalker · · Score: 3, Informative

    This should have been listed as a "funny" article. There's no way this is for real. Anyone remember a while back when someone patented the rights to the ";-)" and people were in an uproar until they realized that you could liscence them for free. I'm sure the same thing will happen here. Probably just someone out to prove that the patent office is either overworked or very negligent.

    --
    All a coder really wants, are fast cars, fast women and fast algorithms.
    1. Re:Wrong topic. by number11 · · Score: 4, Informative

      >There's no way this is for real.

      It's a gen-u-wine US patent. Backed by whatever force of law genuine US patents have. And possessing whatever moral force the law provides.

      >someone out to prove that the patent office is either overworked or very negligent.

      Probably. Did anyone notice that the patent lawyer has the same last name as the patent holder? And remarkably enough, the phone listing for the attorney (or, at least, somebody with the same name as the attorney) is for the same address as the inventor. It would appear daddy used junior as a stand-in here.

    2. Re:Wrong topic. by Confused · · Score: 3, Informative

      It was despair.com, who trademarked the :-(. There were no patents involved.

      More details on this page.

    3. Re:Wrong topic. by glwtta · · Score: 3, Insightful
      very negligent

      That's the point! It's not the person patenting this that's causing the "uproar" it's the patent office.

      --
      sic transit gloria mundi
    4. Re:Wrong topic. by evilviper · · Score: 3, Informative
      Probably just someone out to prove that the patent office is either overworked or very negligent.


      Quite true, but that's exactly why everyone is so damn pissed off.

      The I.N.S. sending green-cards to a dead terrorist isn't a security threat... It's the point that they have such a crappy system that they would send green-cards to obviously known terrorists.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    5. Re:Wrong topic. by Anonymous Coward · · Score: 0

      It was ";-(", which is itself quite unique and may have no prior art.

    6. Re:Wrong topic. by Anonymous Coward · · Score: 1, Funny

      Re: Did anyone notice that the patent lawyer has the same last name as the patent holder?

      Yes. It's the kid's Dad. He's just getting his kid started early in life. I'll bet he's on the playground right now twisting the arms of all his little friends to pay royalties, or get off the swing.

    7. Re:Wrong topic. by What'sInAName · · Score: 2, Interesting
      I'm not so sure. My guess is that daddy is a patent attorney and junior came up with this invention, so dad decided to teach him about the patent process. Probably nothing to get your panties in a knot about.

      In fact, this idea seems to be borne out by the following web research. I found this conference webpage. (Do a page search for "Peter L. Olson") It seems our boy works for 3M in St Paul, MN and is indeed invloved in patent law. I can't be positive it's the same dude, but it seems likely.

    8. Re:Wrong topic. by denzo · · Score: 2
      The I.N.S. sending green-cards to a dead terrorist isn't a security threat... It's the point that they have such a crappy system that they would send green-cards to obviously known terrorists.
      Couple of points here:
      1. They were not green cards, but an extension to their student visas.
      2. The visas were already processed before 9/11. The paperwork was in a backlog waiting to be sent out.
      I don't see how people like Bush got so upset at the INS for this. First of all, it's a government beauracracy; and although I know the Republicans are always in favor of smaller governments, what organization would go to the lengths of cross-referencing already processed applications against a long list of names of terrorists, felons, suspicious people, etc. etc., and who get to decide what names should appear on this list? I would imagine putting this extra burdon on an already backlogged process would make problems worse, not better (i.e., head of INS decides to expedite visas because the backlog gets so tremendous and the cross-checking is taking too long, thus rushing forms out even faster without checking them).

      I just fail to see why some people are getting so upset at situations like these. There's only so much an agency can do for national security...

    9. Re:Wrong topic. by Lonath · · Score: 3, Insightful

      Yes it is something to get your panties in a knot about. If the USPTO allows bullshit patents like this through, then how many bullshit software patents are there? It costs a million dollars+ to break even one patent. Remember that even if this is a "joke", the owner can sue someone for use of this and they can bankrupt a normal person since a normal person isn't sitting on millions of dollars. This is a perfect example of what's wrong with the patent office granting patents on any old thing.

      As another example, should the USPTO be granting patents on some little rinky-dink calculations in CIFS so MS can stop SAMBA from existing? It's the same bullshit anything-goes mentality that gets us patents like that.

    10. Re:Wrong topic. by Joe+U · · Score: 1

      Yes, I know it's a joke.

      But seriously, emoticons were in use in 1984.

      (Yes, 1984, I had a C64 and a 300 baud modem)

      :p

      ---------
      Bit of advice for anyone who thinks that nearly 20 years online is good. It isn't. It takes its toll, we wound up addicted to Everquest after the fall of Delphi, Compuserve and the diversi-dials. And for the first time in 17 years, I don't have a modem....aaaaaaaaaaahhhhhhhhh

    11. Re:Wrong topic. by aluminumcube · · Score: 1

      Wait, so you process/approve a visa extension and it takes 6-7 MONTHS to print that extension out and fire it off in the mail? How on earth is that humanly possible?

      The real kicker here is that the INS outsourced the printing and sending of that paperwork to a private company. Proof that government procurement goes to the lowest bidder.

    12. Re:Wrong topic. by Lewisham · · Score: 1

      That still remains one of the funniest things I've ever seen online :)

    13. Re:Wrong topic. by markmoss · · Score: 2

      There's no minimum age requirement for inventors. So if a five year old kid thinks he invented swinging sideways (like BT think they invented the hyperlink), there's not a damned thing to keep him from getting a patent on it -- except a patent examiner with at least one working neuron...

    14. Re:Wrong topic. by markmoss · · Score: 2

      Off-topic but...

      There's plenty of reason to get upset at the INS for this, if you check the timeline. First, they sat on the applications for so long that the terrorists had already completed their course in how to fly airliners into buildings before the INS did anything with their applications. The INS obviously did not spend this time checking them out, because they approved the application. It was just time to move the paper from pile A to pile B... If they had actually done a check and come up with some reason to deny it ("We don't think suicidal fanatics should learn how to fly airliners"), it would have been too late anyhow. By the time they looked at that application, the terrorists had already finished the course -- and if the INS had decided to kick them out, they probably would have notified the cops to pick them up sometime in 2003.

      In short, you have a gigantic, expensive, bureaucracy that makes trouble for honest immigrants but moves so slow that it is utterly effective at controlling the dishonest ones.

      Not that their slow motion is always bad. About 15 years ago, I knew a guy who was quite convinced that he'd be killed if he went back to El Salvador, but the INS denied his asylum application. His lawyer was able to string the case out about 6 or 7 years, and then the war was over and he was ready to go back and get the family plantation running again. Meanwhile, he helped pour the foundations for many buildings around DC, possibly including wherever those INS incompetents are now (not) working, and stashed plenty of cash away...

      But when they foul up or just plain move too slowly with terrorists, the bureaucrats move from being a drain on the treasury to active menaces.

      By the way, it's not that hard to feed a list of names into a computer and kick out the matches from the already approved list. If they can't do that, then they should get a 12 year old kid to help them. If they don't get their databases working, you certainly will see them approving people to enter the country and take demolitions classes (for instance), at the same time some other branch is trying to arrest the same people...

    15. Re:Wrong topic. by Anonymous Coward · · Score: 0

      Words were in use even further back than 1984 and you can still trademark those.

    16. Re:Wrong topic. by An+Onerous+Coward · · Score: 1

      Oops! You used it! You used the trademarked emoticon! Send fifty bucks to despair.com right now you infringer!

      --

      You want the truthiness? You can't handle the truthiness!

    17. Re:Wrong topic. by Snake · · Score: 1
      This should have been listed as a "funny" article.

      Well, isn't that about the same thing? :)

      On second thought, I wonder if this circus can change the way we interpret patents as sign of serious research activities (see top patenting corporations for 2001.

    18. Re:Wrong topic. by Xenographic · · Score: 1

      Thankfully, I have laid claim to both :] and :[ and leave them available under the LGPL :]

      You just have to think ahead...

      Now, I'm off to lay claim to wiping one's posterior with legal documents... It may become important to have as a viable option in the future...

    19. Re:Wrong topic. by evilviper · · Score: 2

      Pure idiocy...

      Your kind of people are notorious in the software industry. Got a bug causing the program to crash? Add another layer on top of that malfunctioning layer, instead of cleaning up the original code.

      This is just what you propose for the INS. You think the way to add security to the INS is to process this stuff over and over.

      Green Cards, student visas, et al. should be as quickly processed as gun permits. A week to check your background, and perhaps another week to verify the information you've given is valid.

      Secondly, these were suspected terrorists long before their student visas were processed by the INS. There's no excuse that they can hide behind.

      You're the kind of person that would say:

      "It's not the FAA's fault that planes are used to kill people. Sure they have no air marshals because they don't want to spend the money. Sure they don't train their pilots and staff to handle terrorist situations. Sure they FORCE commerical airplane manufacturers to have paper thin cockpit doors. Sure they have always known how incompotent their screeners were, and how inefective their search methods are. But they're still not responsible for this at all"


      You are a monument to our current education system.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    20. Re:Wrong topic. by Anonymous Coward · · Score: 0

      The ;-) thing was not a patent, but a trademark. There is a huge difference.

      Actually getting a patent on something ridiculous is proof that the patent office is really not even coming close to doing their job.

  13. PLZ Check out the pics .... by Tensor · · Score: 1

    They are hilarious ... i have been LMAO for 10 mins ...

    this guy is a genious ...

    1. Re:PLZ Check out the pics .... by Micah · · Score: 2

      ok, has anyone gotten the images to work in a Linux browser? I click on Images and it just shows a quarter of a page of large print text starting with "US Paten..." inside a weird frame.

      Did that in Mozilla 0.9.9 and Netscape 4.78. Konqueror 2.2.2 just showed a block box.

    2. Re:PLZ Check out the pics .... by Anonymous Coward · · Score: 0

      You need quicktime/quicktime plugin to view the images. They aren't much to write home about anyway.

    3. Re:PLZ Check out the pics .... by rebus_ks · · Score: 1

      The pics are helpfully encoded as QuickTime docs. If you don't have Crossover, you won't be able to see them. And they still don't print. WTF's wrong with jpegs for crying out loud?

      --
      -- Rebus
    4. Re:PLZ Check out the pics .... by Anonymous Coward · · Score: 0

      WTF's wrong with jpegs for crying out loud?

      Dunno whats wrong with jpgs, but at least they know they can't use gifs (patented!).

    5. Re:PLZ Check out the pics .... by vtrhps · · Score: 1
      The pics are helpfully encoded as QuickTime docs

      Actually, they're TIFF files, stuck on the page with an embed tag (presumably to make it difficult to save and print). I imagine there are other browser plugins that can handle this format.

      example: embed src="/.DImg?Docid=US006368227&PageNum=1&IDKey=2C3F 4DB7B53E&ImgFormat=tif" width="570" height="840" type=image/tiff

    6. Re:PLZ Check out the pics .... by Anonymous Coward · · Score: 0

      It seems there is an international patent treaty which specifies this particular tiff file format. The Patent office has several terrabytes available in this format, but there are (free)plugins available! See

      http://www.uspto.gov/patft/images.htm

      Included are 2 windows and 1 Linux source.

    7. Re:PLZ Check out the pics .... by rebus_ks · · Score: 1

      Ahh. Thanks much for pointing out my mistake. Now where did I put that clue by four so that I can smack myself with it?

      --
      -- Rebus
    8. Re:PLZ Check out the pics .... by coolgeek · · Score: 2

      Now that's what I call government intelligence.

      --

      cat /dev/null >sig
  14. Re:Sure, it's obvious. Now. by Anonymous Coward · · Score: 0

    You sir, have made my day ;-)

    That is fuckin funny!

  15. PLZ Check out the pics .... (link to pics) by Tensor · · Score: 1
  16. if i were a patent lawyer by Tensor · · Score: 1

    i would've done this for free ... omg ... this is soooo funny ...

    i wonder if i could get away with applaying for a patent on leaning back on a chair like the simpsons B Franklin episode, but without the supports :)

    1. Re:if i were a patent lawyer by Abstrakt · · Score: 1
      • i wonder if i could get away with applaying for a patent on leaning back on a chair like the simpsons B Franklin episode, but without the supports :)
      Franklin?! Everyone knows that Thomas A. Edison invented those supports... ;)
    2. Re:if i were a patent lawyer by redhatbox · · Score: 4, Funny


      To hell with that chair crap... my application is in the mail for a patent destined to make me richer than [name your deity]. Yessireebob, billions upon billions of people will pay me royalties, some even dozens of times per month.

      I won't disclose too much, but it has to do with "manufacturing processes". In a nutshell, it involves a method of inserting and removing a cylindrical device in and out of a round opening in a rhythmic fashion. Provisions are built in for proper device lubrication, and the entire assembly (including fuel) is completely organic in nature. I'm gonna be freaking billionaire...

    3. Re:if i were a patent lawyer by fireweaver · · Score: 1

      So you're going to take out a patent for fucking?

    4. Re:if i were a patent lawyer by EMH_Mark3 · · Score: 1

      It's a bird! It's a plane! It's sarcasm flying right over your head!

      --
      Burn the land and boil the sea, you can't take the sky from me
    5. Re:if i were a patent lawyer by n9hmg · · Score: 1

      Thomas A. Edison invented

      ...Typical. Don't you know it was really Tesla? Edison supressed publication of Tesla's research and then brought it out as his own.

    6. Re:if i were a patent lawyer by Easy2RememberNick · · Score: 1

      Hey, I own one already but I want a bigger one! Where do I send my money? ;-P (and how does the new one attach???)

    7. Re:if i were a patent lawyer by mandolin · · Score: 5, Funny
      In a nutshell, it involves a method of inserting and removing a cylindrical device in and out of a round opening in a rhythmic fashion.

      The saddest thing here is the (low) number of people reading your post that could actually claim "prior art" on this one..

    8. Re:if i were a patent lawyer by JimmytheGeek · · Score: 1

      Oww!

      Ow!

      Ow!

    9. Re:if i were a patent lawyer by Guru2Newbie · · Score: 0

      Sounds like he got the wrong opening...

  17. Word UP! by ebonic+plague · · Score: 1

    We need less hatin' and more appreciatin'. Ya'll stand around sayin "Man, I coulda done that." Well so what? You didn't patent it, now did you? And now someone else did and ya'll just jealous.

    --
    Na'am sayin?
    1. Re:Word UP! by Anonymous Coward · · Score: 0

      Not all of us can afford the $10k US to patent it and the lawyers ok!

      We need an MyIdeas.com for 'free prior art' registration.

    2. Re:Word UP! by Anonymous Coward · · Score: 0

      I heard about this on NPR last weekend. The kids' dad is a patent attorney.

    3. Re:Word UP! by Anonymous Coward · · Score: 0

      yes but all you need is ONE video of ONE kid swinging back and forth like that (in the past of course) and pooooof prior art...

      You can patent almost anything. I _could_ patent the way I arange my desk. However would it be worth anything? Would it even be defensable...

  18. Isnt Lisajous prior art ? by Tensor · · Score: 1

    i think he described the motion of bodies suspended this way (and various others) but it was sooo long ago i studied this i can't really reacall ...

    google here i come ...

  19. This is great! by Mister+Transistor · · Score: 3, Insightful

    This is absolutely the best thing that could happen - getting more and more ridiculous patents approved. This will prove to people once and for all the USPTO is obviously approving these things in their sleep. Pretty soon the books will be bulging with absurd patents, and someone will call for a review of ALL the patents issued, and whether or not they actually were deserved and worthy of continued enforcement. A buddy of mine that used to work for a very large electronics manufacturer actually submitted a patent for a picture-window Ant Farm as a joke, and was almost awarded it!

    --
    -- You are in a maze of little, twisty passages, all different... --
    1. Re:This is great! by ebonic+plague · · Score: 2, Interesting

      A buddy of mine that used to work for a very large electronics manufacturer actually submitted a patent for a picture-window Ant Farm as a joke, and was almost awarded it!

      Yeah, "almost". You just disproved yo OWN point.

      And what makes you think that the USPTO don't know that someone was tryin to clown when they submitted this swing $hit. Ain't nothin say you can't submit a joke patent. If you want to waste yo time and money I guess they don't care. There job is to make sure that yo followed protocol and didn't infringe on an idea that someone else submitted or that everyone don't already know about and that's all. If someone else want's to waste they time and money havin it struck down, that's cool too.

      That's how these gubmint offices be workin. They take on as much B$ as possible and spend all the money they be gettin, so they can justify a bigger budget when the next year come up.

      --
      Na'am sayin?
    2. Re:This is great! by vidarh · · Score: 2

      You are right that they aren't supposed to prevent people from clowning - it's not there decision to make. It however is their decision to make whether a patent application is for something that is obvious to someone well versed in the field of the patent, and that there is no prior art. Both of which seems to fail miserably in this case.

    3. Re:This is great! by ebonic+plague · · Score: 1

      Like some other dude said. Can anyone prove that they done this before? I ain't seein how you could unless you had some home movie or something (which, true, ain't impossible). But even still, unless you claim it fo yo self you takin' the chance that somone else will. And like I said, patents get challenged all the time. The USPTO ain't sayin that the patenet is bulletproof just by grantin it, they just sayin that ain't no one though of getting a patent fo it, and all ya'll who think you thought of it first better step up.

      --
      Na'am sayin?
    4. Re:This is great! by garethwi · · Score: 1

      How are you almost awarded it?

      Patent Clerk: Well Mr. Inventor, I'd like to award you...
      [Mr. Inventor hold out his hands to recieve patent]
      Patent Clerk: PSYCH!!!

    5. Re:This is great! by Anonymous Coward · · Score: 0

      Maybe you should patent English?

    6. Re:This is great! by meggito · · Score: 2

      But, if there was no previous patent, no matter how widely used they were, he could have filed and won. Thats the problem. Most things should not be patentable, and patents generally need to be more limited.

      This is bad because these shitty patents can be used to fuck people over in court. Ordinary people with new ideas may no be able to implement them because of these shitty patents (does your swing actually prevent sideways swinging?) are too much for most people to fight in the courts. One shitty patent holder can sue quite a few people into submission, and it costs way too much to fight these things. There needs to be some sort of patent reform.

      And I'd say about 50-50 I have some home video of me on the swings at about 5. No Tarzan yell, but I generally through in some sideways action. Especially fun when you hit other kids. Not so fun when you hit the bars.

    7. Re:This is great! by Anonymous Coward · · Score: 0

      I liked the one where the guy patented a device to exercise his cat by remote methods. It basically was a laser pointer in a pistol grip.
      When I finished my BS degree I actually applied to the patent office. I completed the online employment application and was told that I rated myself too low and that I should go back and up some of my scores. When I asked if anyone actually checked on the claims made on the employment application the woman from the patent office said "no". When they offered me 30K to work in D.C. I declined the job. That is why patents like this one get approved. Government at it's best!

    8. Re:This is great! by vidarh · · Score: 2
      You conveniently didn't mention my point that the patent also has to be for something that isn't obvious to a practioner in the field of the application. I would claim that if you ask a group of kids to suggest different ways to swing, it would be blatantly obvious to them to try variation like in this patent application.

      That in itself invalidates the application, and it is simple to test even after the fact: Find a group of people that are completely unaware of the patent, and do ask them about differents ways to swing.

      In addition, a search for prior art on this would be relatively easy: How many parents have home videos of their kids on a swing, or could testify to the methods their kids use on a swing? I doubt you'd have to sit through too many hours of home videos before you'd have proof of prior art.

    9. Re:This is great! by Anonymous Coward · · Score: 0

      Don't be a racist

    10. Re:This is great! by Mister+Transistor · · Score: 1

      Well, he submitted it to the Patent review board at this large company, who shall remain nameless, and the people there were so interested they actually submitted it to the Patent office. It was only turned down due to the kiddie Ant farm being too close in form and function, and using it as a picture window wasn't unique enough.

      --
      -- You are in a maze of little, twisty passages, all different... --
    11. Re:This is great! by Anonymous Coward · · Score: 0

      Your pathetic low-class ghetto negro/ghetto negro wannabe self said:

      - snip! -

      ...just disproved yo OWN point.
      ...the USPTO don't know ...
      ...someone was tryin to clown ...
      Ain't nothin say you can't submit ...
      If you want to waste yo time and money ...
      ...job is to make sure that yo followed protocol...
      ...someone else want's to waste they time and money havin it struck ...
      That's how these gubmint offices be workin...

      - snip! -

      Look, it's taken a long time to build up the online communities as a place where intelligent people of all races, sexes, and creeds can come make their point without some fucking ghetto rapper nigger/wigger fucking the whole thing up. If you want to talk like a 12 year old with a kindergarten ejamakashun, do it somewhere else, because we dont want it here.

  20. my faith in..... by happyslinky · · Score: 1

    the future of humanity hinges on this being a delightfully entertaining method of pointing out the inadequacies of our nation's patent system. oh please oh please let it just be social commentary in patent form....

    1. Re:my faith in..... by Anonymous Coward · · Score: 0

      I'm sure it is. This is a patent lawyer goofing on the patent office, to make a political point. Like registering a dog to take university courses, yet with more serious purpose and consequence. I'm sure we will hear more from Steve Olson in the near future.

  21. Of course... by LaserBeams · · Score: 0, Redundant

    Why didn't I think of that first?

    I claim a patent on spinning the swing around the vertical axis! Chains, ropes, I don't care how it's suspended. Also, I only want clockwise (makes it sound more technical, and thus more appealing to the USPTO). Who wants to pick up counterclockwise? We can split the licensing fees - one to wind up, the other to unwind.

    :rolleyes:

    --
    Karma: \Kar"ma\, n. [Skr.] (Buddhism) One's acts considered as fixing one's lot in the future existence.
    1. Re:Of course... by H310iSe · · Score: 1

      OOOH, I can patent lethal injection, then refuse to license it out, stopping capitol punishment. hrm. can I patent war?

      --
      closed minded is as closed minded does
    2. Re:Of course... by TotallyUseless · · Score: 1

      that is actually a good idea, i think. a 'frivolous' patent like that would truly point out the problems with the current patent system, most of which just involved under-educated and probably underpaid workers. a very solvable problem i think. and if you are against capital punishment, then you could at least maybe delay some executions, possibly for a very long time.

      --

      Time for some tasty Shiner Bock!
    3. Re:Of course... by Anonymous Coward · · Score: 0

      Hmmm, but both of those are examples with prior art surely :-)

    4. Re:Of course... by Anonymous Coward · · Score: 0

      So is the sideways swinging patent.

  22. I don't get it by digitect · · Score: 5, Insightful

    So does this mean the Patent Office now implicitly agrees that they think patents are silly, too?

    (BTW, does anybody else see the potential here for using this as a general call for taxpayer revolt? How much did we pay for this? Do our congresspeople approve on wasting such funds? Do they want re-elected?)

    --
    There is no need to use a SlashDot sig for SEO...
    1. Re:I don't get it by ebonic+plague · · Score: 1

      (BTW, does anybody else see the potential here for using this as a general call for taxpayer revolt? How much did we pay for this? Do our congresspeople approve on wasting such funds? Do they want re-elected?)

      Wake UP, man. It's the fees they collect on dumb $hit like this that pays the bills. How much did you pay for this. Probably nothin since there obviously wasn't a lot of work to do. Just stamp it and cash the check. $hit, you probably made some money offa this fool.

      --
      Na'am sayin?
    2. Re:I don't get it by NewtonsLaw · · Score: 3, Insightful

      Come on folks -- it's unreasonable to expect the patent office to act as judge and jury in respect to patent claims -- that's what the courts are for.

      Registering a patent does not prove that you were first to come up with an idea or invention -- it simply provides you with the ability to prove that you were in posession of such knowledge at the time you filed the registration.

      In effect -- a patent is little more than proof of knowledge at a specific time/date, and a right to sue.

      If we were to place the onus of verifying each application's technical merit and freedom from prior art -- then it's unlikely that anyone other than the large corporates could afford to register their inventions.

    3. Re:I don't get it by Killeri · · Score: 1

      Why not? They do that in most parts of EU. It's called an Investigation into Prior Art or something and it is a mandatory part of the process of granting a patent. Of course, this results in less work for patent lawyers so I guess there is no way this would become a law in the US...

    4. Re:I don't get it by Florian+Weimer · · Score: 2

      There are basically two different patent systems: Registration patents (patents are solely registered without being examined, to prove existance at a certain point of time), and patents which are actually reviewed by the patent office. France has got registration patents, for example, but the US Patent and Trademark Office is expected to review patents.

    5. Re:I don't get it by dollargonzo · · Score: 1

      we should patent saying or typing "GPL" or any form of the general public license, or any of its provisions. microsoft is in clear violation!

      MUAHAHHA, we have beat them all!

      QED

      --
      BSD is for people who love UNIX. Linux is for those who hate Microsoft.
    6. Re:I don't get it by russotto · · Score: 1

      It is NOT unreasonable to expect the patent office to judge patent claims before awarding patents. That's part of what they are there for. That's why patents are PRESUMED VALID once you get before a judge. Sure, patents as silly as this are no real threat because if the guy sues he'll get laughed out of court. But similarly dumb patents, such as the one Microsoft is attempting to use to prevent Open Source implementation of CIFS, are quite dangerous.

    7. Re:I don't get it by clone304 · · Score: 1


      No it's not. That's what they are paid to do. If they are unable to do it, then there is a problem with the organization or the law that charges them with that responsibility. Your claim, that patents should be automatically accepted without discrimination, is extremely short-sighted. The Patent Office is there to act as a filter, so that the burden of arguing the merits of the enormous number of patent applications does not fall to the court system, which is overburdened bullshit as it is.

      Rather than claim that it's too expensive to filter out bad patents, why don't you suggest a practical solution that doesn't involve making thousands of lawyers even richer at the expense of the taxpayer. For instance, a system in which the patent office is payed a licensing fee on sales of goods that are covered by the patent protection it provides for the length of the patent's term. If corporations don't feel it's worth it to share the expense for the protection provided them by the patent, then they can refuse to pay the licensing fee, which would push their patent off the books and open the market for competition. Additionally, any patent that the inventor has not brought to market by the mid-point of the patent term would automatically expire, opening the market to competition. IMO, this would drastically reduce the number of bulshitters, lawyers and patent-hoarders involved in the process and actually serve to promote progress while paying for the cost of running the patent office.

    8. Re:I don't get it by Anonymous Coward · · Score: 0

      I'm not sure if they want "re-elected". Is it some sort of product? Because surely, you couldnt mean *to be* re-elected", you in-all-likelyhood stupid low-class moron. God, that is a pet peeve of mine... Is "to be" really that hard to remember?

  23. gotta love the last line.... by icejai · · Score: 1
    Licenses are available from the inventor upon request.

    ... that just cracks me up... ;)
    1. Re:gotta love the last line.... by Anonymous Coward · · Score: 0

      Awww, you stole my post...

      :)

  24. Re:Sure, it's obvious. Now. by Rowenio · · Score: 1

    You complete idiot. Every one of us did this on the swings when there was no-one there to swing us. You clearly are the stupid one, for not ever leaving your room to go to the swings...

  25. Pay to see swingers by Mizery+De+Aria · · Score: 1

    You mean I can't charge people to watch me swing sideways anymore without worrying about an lawsuit?
    Just when I thought I hit it big...

    --
    If you're religishitty, KILL YOURSELF!
    1. Re:Pay to see swingers by Anonymous Coward · · Score: 0

      you'd pay to see swingers? HOW DIRTY! geez.

  26. Default should be deny. by Kris_J · · Score: 5, Insightful
    If the patent office can't understand something, it should deny the patent.

    If the patent office doesn't have the resources to properly investigate the patent, it should deny it.
    If a single company submits too many patents, they should be denied.

    Why is the default to allow a patent if it can't be proven not to be original, useful and non-obvious?

    1. Re:Default should be deny. by glwtta · · Score: 2

      Don't forget "inventive" which is far harder to achieve than any of the things you listed, and most people seem to have forgotten that it's part of the requirements for soemthing to be patentable.

      --
      sic transit gloria mundi
    2. Re:Default should be deny. by kinko · · Score: 2, Insightful

      because the view of the USPTO (which gets funding based on the number of patents granted) is that it is better for a U.S. company to have a dodgy patent than a company from some scummy foreign country, where it might be used to harm U.S. commerce.

      But also because qualified people who could examine technical patents make far much more in the private sector. Then again, I wonder how qualified you have to be to understand the above patent...

    3. Re:Default should be deny. by jellybear · · Score: 1

      patents are only valid in the country where they are granted. Also foreign person can file for a US patent as easily as an American.

    4. Re:Default should be deny. by armb · · Score: 3, Insightful

      > If the patent office can't understand something, it should deny the patent.

      If the patent office can't understand a swing, things are even worse than we thought.

      > If a single company submits too many patents, they should be denied.

      How many is too many? Maybe hundreds or thousands of IBM's patents really are reasonable, original, useful and non-obvious. Applying for lots of patents might sometimes be a sign of abuse of the system, but denying patents after some arbitrary number is unfair to large companies doing lots of research. If it costs money to submit a patent application, and dodgy ones are rejected, companies will reduce dodgy submissions without a limit on how many they can have.

      Anyway, large companies could just get individuals or spin-off companies to patent stuff and then licence them back to the companies on favourable terms.

      --
      rant
    5. Re:Default should be deny. by Anonymous Coward · · Score: 0

      The default is that they get paid for patents they grant, and not for ones they deny. See the problem?

    6. Re:Default should be deny. by ScumSucker · · Score: 1

      If the patent office can't understand something, it should deny the patent.

      If the patent office can understand something, it should deny the patent.

      I mean, isn't that the problem here? This is so obvious that it should have been denied at an initial screening....

    7. Re:Default should be deny. by Anonymous Coward · · Score: 0

      My question is, where is the prior art? is it documented anywhere?

    8. Re:Default should be deny. by ZanshinWedge · · Score: 3, Insightful

      A patent does not specifically have any legal standing by itself. It is up to the courts to decide the legitimacy of a patent. To require a full level of investigation of a patent and prior art would make getting any patent far too difficult. The way patents work now are they way they *should* work.

      The problem comes when we have blatantly stupid patents and blatantly stupid courts and blatantly stupid people. A company can use a baseless patent with no backing in the courts to harrass other companies, organizations, or individuals, especially if those organizations have less resources for things like legal battles.

    9. Re:Default should be deny. by MyNameIsFred · · Score: 4, Informative
      This makes absolutely NO sense to me.
      If the patent office can't understand something, it should deny the patent.
      So if they're a bunch of idiots, inventors should pay the price.
      If the patent office doesn't have the resources to properly investigate the patent, it should deny it.
      If they're underfunded, inventors should pay the price.
      If a single company submits too many patents, they should be denied.
      If they're inventive, they should be penalized. Think about Edison, under your rules he would be denied

      While I agree the Patent Office needs to be reformed. Your suggestion doesn't fix any of the problems, and only penalizes inventors. How about some useful suggestions like more funding to hire more examiners. Or did you know that examiners have to fill quotas -- that is process X number of applications per week. How about getting rid of the quotas or reducing them.

      I live in D.C. and actually know some patent examiners. They are not the complete idiots that ./'ers think they are. Many of them have Ph.D.'s in the field that they examine -- e.g., a Ph.D. in biochemistry looks at biochemistry patents. At the same time, they have to live within the beauracracy, and it's inane rules.

      Reform is good, as long as its sensible.

    10. Re:Default should be deny. by Anonymous Coward · · Score: 0

      Try this one

      SWINGS

      1. No twisting or swinging sideways.

      ...

      Adopted: 12/16/1993 Last Revision: 03/14/96

    11. Re:Default should be deny. by FatAlb3rt · · Score: 1

      Default should be deny.
      Kinda like the submissions bin??

      I can see it now: I submitted this very patent last week!!
      2002-04-16 12:09:23 PM One-handed web surfing. (Rejected)

    12. Re:Default should be deny. by anshil · · Score: 2

      A patent does not specifically have any legal standing by itself. It is up to the courts to decide the legitimacy of a patent. To require a full level of investigation of a patent and prior art would make getting any patent far too difficult. The way patents work now are they way they *should* work.

      How should then a developer like me be able to honor any patent? What you suggesting implicitly is to simply infringe a patent, and then see how the lawsuit that comes works out.

      BTW: Here in Austria (EU) they check for prior art before a patent is applied. It makes patents not too cheap, but thats the sense behind it, a patent should pretect something worthable. Note that each patent for itself is a risk for public development. I'm not saying patents are bad after all, but thuy should be handed with care, patents are there to allow people to finance research, so it should be made sure there was a worthable research behind a patent.

      --

      --
      Karma 50, and all I got was this lousy T-Shirt.
    13. Re:Default should be deny. by jailbreakist · · Score: 1

      Why should the default be deny?

      People work hard for the inventions they create, and then they turn to the government for protection against the cannibals who would claim that their need is all the justification they could require for ripping it out of their hands.

      You act as though patents are in place to destroy knowledge and prevent invention, when in fact they are there to foster invention and promote knowledge. Patents exist to allow an inventor to make his or her work available to the pubic.

      If you really believe this, and all of the slashdot readers think that this truly is "insightful", then you don't deserve the benefit of the hard work inventors put in. THey work hard. They create. They deserve a better life than those who piggy-back on success. What is wrong with them wanting to enjoy the fruits of their labors.

      Cannibals.

    14. Re:Default should be deny. by Anonymous Coward · · Score: 0

      If the patent office can't understand something, it should deny the patent.
      So if they're a bunch of idiots, inventors should pay the price.

      Well, not exactly. Patents and all that is the way a society deals with bussiness.
      The thing is: if public bureaucracy is made up a bunch of idiots, tax-payers will pay the price (since they allow it)

      "I live in D.C. and actually know some patent examiners (...)Many of them have Ph.D.'s in the field that they examine..."

      Actually this explains a lot of things. I would be more than glad to know personally the PhD on swinging that reviewed that patent (by the way, last time I reviewed 3 credits became for non-orthogonal free swinging practices... hummm)

    15. Re:Default should be deny. by Deusy · · Score: 1

      They should get paid for successful reviews... ie those that do not get over turned.

      Although can a patent be over turned?

      --

      Free Gamer - Free games list and commentary

    16. Re:Default should be deny. by DaoudaW · · Score: 2

      I laughed as I read through the patent, then was surprised by the hostility displayed in this discussion. Maybe I have a different concept of a patent than others.

      IANAL, but I've always seen thought Patent is to Invention, as Copyright is to Writing. The patent office is just there to check for plagiarism. A patent doesn't indicate effectiveness, usefulness, marketability or even compliance with physical laws. It does indicate that a cursory examination found it to be significantly different than any prior patents.

    17. Re:Default should be deny. by repoleved · · Score: 1

      The thing is that, while the examiners might be the most competent people in the world, the patent office is not able to serve the software industry correctly.

      It has no purpose in software, since innovation is not the work of solitary companies or people, but the product of entire communities. In fact, I would say that most of the value of "key" technologies or standards, is that a large number of people or companies have agreed (or been forced) to use them.

      Thus to software people, the patent office looks like a bunch of idiots whenever they issue a software patent, since hardly any "patentable" concept in this industry is really new to everybody.

      As a non-goofy example, think about the compression used in GIF images, which was deployed while the patent was pending, and then when the patent was granted, everyone was screwed because they had built the format into browsers and content generation software thinking that they would be able to use it for free. A much more flexible image format (.png) was created as an unencumbered replacement, but has been difficult to deploy now that the internet has so many subscribers. This shows that, while the compression used in gif images might have been "unobvious", it was obviously possible for a qualified technician to create a replacement, and the early adoption of a thought-to-be-free-but-subsequently-patented technology was really an industry setback which has yet to be overcome.

    18. Re:Default should be deny. by Artagel · · Score: 2

      The patent office did search and found two patents:

      U.S. Patent Documents
      242601 Jun., 1881 Clement 472/118.
      5413298 May., 1995 Perreault 248/228.

      So it was not a failure to even look that caused this. Not that I can explain it -- this is just breathtakingly amazing.

    19. Re:Default should be deny. by yasth · · Score: 1

      Bullshit. A patent is a legal device. It is a legal grant of monopoly power over an invention. You can challenge it in court, but the burden of proof is against you. If your insane ideas of the law were true then a deed would have no legal standingg by itself, because anyone can walk into a court and challenge the legality of a deed.

      Part of the reason the application fee is so bloody high is that the USPTO is required to search for and locate prior art. This is NOT a provisional patent, this is a full fledged patent, binding upon all citiizens of the United States.

      --
      I'd do something interesting, but my server can't handle a slashdotting.
    20. Re:Default should be deny. by markmoss · · Score: 2

      Patents DO have legal standing by themselves. The approval stamp is taken by the courts to mean that skilled examiners have hunted for prior art and otherwise checked out the patent, and the burden of proof is on anyone challenging the patent. Add to that, in the US you won't get your legal expenses paid when you have to go to court to challenge a ridiculous patent. (Note that British Telecom is suing in US courts for infringement of it's so-called hyperlink patent -- if they sued in their own country and lost the case, they'd have been paying the other side's lawyers and other expenses.)

    21. Re:Default should be deny. by Anonymous Coward · · Score: 0
      So if they're a bunch of idiots, inventors should pay the price.

      Yes.

      More specifically, if the inventor can't explain the invention to a bunch of idiots, they should pay the price.

      If a single company submits too many patents, they should be denied.

      If they're inventive, they should be penalized.

      This is silly though. If anything, it should be based not on the total volume of patents applied for, but on the ratio of patents previeously denied. If a company is honestly trying to get a large number of patents, most should succeed, but if they're just flooding the patent office in the hopes that some get through, they are punished.

    22. Re:Default should be deny. by Kris_J · · Score: 2
      A patent wrongly denied on a useful product does not stop anyone producing that product. A patent wrongly approved on a useful product can result in good people going out of business, suppression of ideas, price fixing and even the total lack of production of said useful product even when someone was producing it before the patent was issued.

      You do not not to be issued a patent to be able to produce something and/or do business. If you've invented something, just start producing it -- don't wait for a government backed monopoly first.

  27. Licenses ? by maharg · · Score: 1

    Licenses are available from the inventor upon request.
    Huh? I need a license to swing ? I'd better jump off right now then ,-}

    --

    $ strings FTP.EXE | grep Copyright
    @(#) Copyright (c) 1983 The Regents of the University of California.
    1. Re:Licenses ? by Max+Diablos · · Score: 1
      Licenses are available from the inventor upon request. Huh? I need a license to swing ? I'd better jump off right now then ,-}
      If a law is unenforceable in Britain it is considered a bad law and convention encourages its removal. I'm wondering why an individual patent that isn't enforceable is granted. If the convention was extended to patents how many could be removed off the books?

      How might the principle be extended to patents which are deliberately obfuscated? If a similar principle or convention exists in American law would it be possible to strike all unenforceable and obfuscated patents from the registry?

    2. Re:Licenses ? by Anonymous Coward · · Score: 0

      "I'm wondering why an individual patent that isn't enforceable is granted."

      And why the hell do you think *this* patent is unenforceable?

      Mr. Olson migth be unable to avoid a child on a lost town to lateral-swing, but he can sue some public colleges around the country (just some video tapes are needed and wait for the childs to violate you rigths over the lateral swinging). After that he can ask federal protection for the obvious unability to enforce the patent thus atenting against your rigths so a tax on any swing sold in the USA should be applied.
      Court migth claim that's stupid, and you could blattantly show there're well founded previous cases. This is exactly what's happening with blank CDs. Then you found the Association for the Defense of Swing-Patent Holders - ADSPH (with the money you won against the public schools) and from then on all swingers sold in the USA will be taxed with some dollars just in case they're illegally misused for lateral swinging, of course, you still will be able to sell specifically designed for laterall swing swingers that, again, are charged with the logical taxes that apply.

  28. Royalty? by ankit · · Score: 1

    Now where am I supposed to send in the royalty for trying out this technique? And what are the rates, please?

    --
    Don't Panic
    1. Re:Royalty? by Anonymous Coward · · Score: 0

      The rates used to be one queen a month. Since the birth rate of royalties is low there is an expected shortage within months.

    2. Re:Royalty? by Anonymous Coward · · Score: 0

      the rate charged is per swing. it's $0.05 a swing. so the typical swinger will ring up a bill of something to the tune of.... $7.00 multiplied by the kid population, couple million.... say, 20 million dollars made from this per day? =P

  29. Re:Sure, it's obvious. Now. by Anonymous Coward · · Score: 0

    Yeah, and I was refining silicon for use in chip fabs long before anyone came along and patented it.

    You can claim anything you like, but you don't hold the patent and you most definitely have no proof of prior art.

  30. I'm not surprised... by m_evanchik · · Score: 4, Insightful

    This is by the same federal government, (though, to be fair, by a different agency), that issued student visas to the 9-11 hijackers 6 months after the fact.

    I'm not a lawyer, but is there anyone out there who is? Wouldn't this sort of gross incompetence bring into question other patents issued, at least by this obviously negligent examiner?

    And at least the "Tarzan" yell part gives off the strong suggestion that this was submitted as a goof.

    The intellectual property laws in this country have become nonsensical and counter-productive in their execution and enforcement.

    Embarassing.

    Funny though.

    1. Re:I'm not surprised... by Anonymous Coward · · Score: 0
      And at least the "Tarzan" yell part gives off the strong suggestion that this was submitted as a goof.

      That you had to read that far to spot the goof says a lot about the patent system right?
    2. Re:I'm not surprised... by Anonymous Coward · · Score: 0

      This is by the same federal government, (though, to be fair, by a different agency), that issued student visas to the 9-11 hijackers 6 months after the fact.

      FUD FUD FUD!!!

      The government sucks, but so does your example. The student Visas had been renewed prior to September 11th, but the NIS (Naturalization & Immigration Service) has to send notices to several different parties to inform them of the renewal. It just so happens that flight schools are rather low on that list, and they happened to receive renewal notifications for their students (who were applying for renewal based on enrollment at that school) more than six months late. By a similar token, if they'd been university students, the university would've been sent renewal letters to signify, direct from the government, that these students were allowed to continue education at that institution.

      A PR disaster? Yes.

      A government blunder? Perhaps, but certainly not on the order of magnitude which you imply.

    3. Re:I'm not surprised... by Anonymous Coward · · Score: 0

      This is by the same federal government, (though, to be fair, by a different agency), that issued student visas to the 9-11 hijackers 6 months after the fact.

      You say that like it's a bad thing. If you were a terrorist, how would you like it if your target government threw a six-month delay monkeywrench into your schedule?

      There's also the carrot-and-stick aspect. Those terrorists never really got their visas, because they were dead. If they had behaved, they would have received them while alive.

    4. Re:I'm not surprised... by m_evanchik · · Score: 2

      I didn't mean to imply that either example is of anything other than humorous significance.

      But I do maintain that the two examples are pretty similar:

      a) Neither is of any practical significance. They look bad but don't do any noticeable harm.

      b) Most importantly, thay both point to government bureaucracies that, due to the huge scope of their missions, and limited resources, are simply unable to apply enough critical oversight to make their efforts have a useful affect. For the Patent Office, it regards intellectual property. For the INS, it regards aliens staying in this country.

      Our country draws much of its strength from immigrants and from technological innovation. Both these examples are illustrations of inabilities to intelligently regulate these two areas.

      So I stand by the analogy. I regret if any implication of serious malfeasance was communicated. I intended to convey an impression incidental negligence, symptomatic of a poorly designed and implimented organisational structure and oversight.

      The government does a lot of things right. And sometimes it gets unfair flak for errors that are inevitable in human affairs. But it also screws up and could improve, which is what I meant to point out.

      Accusations of FUD have reached FUD-like proportions.

  31. Symptom of bigger problems by Anonymous Coward · · Score: 0
    The lax review process as a part of the general hijacking of the intellectual property laws and regulations by corporations is merely a symptom of a larger problem, namely corporate influence on democratic, legislative, and regulatory processes.

    In this particular case, since corporations are the largest filers, cursory review, and draconian protection are called for. For politicians, the payoff is political donations, for bureaucrats and regulatory agencies, post-service jobs in the industries they oversee.

    Goverment of the people, by the bought, for the corporations [tm].

  32. Cease and Desist Notice by circletimessquare · · Score: 5, Funny

    For those of you blowing milk out of your nose while you laugh at this article, I just want to inform you that I own the patent on that method. Thank you.

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:Cease and Desist Notice by Anonymous Coward · · Score: 0

      For those of you blowing milk out of your nose while you laugh at this article

      Except for CmdrTaco. He'll be blowing cum out of his nose, also known as Taco-snotting.

    2. Re:Cease and Desist Notice by phunhippy · · Score: 1, Offtopic


      C:\>tracert life.liberty.pursuit-of-happiness

      Sorry Our MS where do you want to go today? routing table does have any entries for life, liberty or pursuit-of-happiness.

    3. Re:Cease and Desist Notice by Sun+Tzu · · Score: 2

      Hmmm.... that gives me an idea for patenting several very useful bodily functions. Think of the licensing fees!

    4. Re:Cease and Desist Notice by Cro+Magnon · · Score: 1

      Whew, I'm glad it was Coke!

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    5. Re:Cease and Desist Notice by robbiev · · Score: 1

      you have got to be kidding me! (no pun intended) So now every time I swing left and right I have to yell out "copyright!"

    6. Re:Cease and Desist Notice by Anonymous Coward · · Score: 0

      And you can use your Second Amendment rights to go after anyone who violates your patent!

    7. Re:Cease and Desist Notice by circletimessquare · · Score: 1

      HAHAHA do i have groupies now? i'm flattered ;-) xoxoxoxoxoxoxoxoxoxox

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  33. Infinite patent scam? by Max+Diablos · · Score: 1
    I and my school friends used to swing side to side on swings in my old home town when I was a boy. Those swings were plastic seats, attached to chains, that hung from a galvanised tubular steel frame. Under British law all I would have to do to prove this is to find two of my old school friends who were prepared to sign an affidavit or testify in court.

    One question I do have is that would the supporting structure being a steel frame make it a completely different device to one that used a tree as a supporting structure? If that was the case then wouldn't it set a precedent for taking existing patents, changing something small and insignificant, and then applying for a fresh patent as a new device?

    That can't be right. Everyone would end up doing it and the whole patent system would collapse. Oh...

    1. Re:Infinite patent scam? by Anonymous Coward · · Score: 0

      What about if i patent the process of patenting processes??? OR patent the process of paying my creditcard on time, obvious, yes, but do many people do it. This would also give people an excuse not to pay their bills on time.

    2. Re:Infinite patent scam? by glwtta · · Score: 2
      would the supporting structure being a steel frame make it a completely different device to one that used a tree as a supporting structure?

      It's only a new, patentable device if a computer is somehow involved at some point. Like, if you were looking at a computer while swinging, or were thinking about a computer.

      --
      sic transit gloria mundi
  34. well the patent says by Tensor · · Score: 2, Insightful

    "Licenses are available from the inventor upon request. "

    Which might mean that he will give them out for free ... but it DOES NOT actually say so.

    What if he decides to charge elementary schools with swings for using his invention ? and makes the districts pay ... after all he does hold the patent to it

    :)

    1. Re:well the patent says by Anonymous Coward · · Score: 0

      On NPR they said he only promised not to charge his sister for use of the patent. YOUR kids will have to pay, or go to jail.

  35. Bureaucratic attempt at april fool? by splorf · · Score: 1

    Did they want to issue this turkey on April 1 but somehow not get it out til April 9 because of slow bureaucratic wheels? Let's hope.

  36. Man, we have the lamest government by Aqua+OS+X · · Score: 2

    Seriously, we do. I'm moving to Canada... anyone want to house me for a bit? I'll fix your computer.

    --
    "Things are more moderner than before- bigger, and yet smaller- it's computers-- San Dimas High School football RULES!"
    1. Re:Man, we have the lamest government by glwtta · · Score: 2
      Seriously, I love it here - I am going to school in Canada, so I've been here for about two years now. I am sure most of it is not great (but then neither is much of the US), but I am quite enjoying myself here in Montreal.

      While on paper this is a "less free" country, in practice a lot more common sense is applied to the way things are done. One of my fouvorite parts - most movies that are rated 'R' in the US are rated 'G' here, and I have to say it really doesn't look like the MPAA's the one that's right :)

      --
      sic transit gloria mundi
    2. Re:Man, we have the lamest government by phunhippy · · Score: 0, Troll

      Seriously, we do. I'm moving to Canada...

      DUDE! Come on now! relax, take a deep breath, lets not do any thing irrational over a silly patent like MOVE TO A THIRD WORLD, TWO BIT COUNTRY! just take a few deep breaths and smile, every little thing is gonna be all right...

      Saving americans from Canuckland, one day at a time....

    3. Re:Man, we have the lamest government by Anonymous Coward · · Score: 0

      Canuck says "Seriously, I love it here - I am going to school in Canada, so I've been here for about two years now. I am sure most of it is not great (but then neither is much of the US)"

      Hey as our glorious election stealer George W. Bush says "Either your with us, or against US"..... SO! think ya canucks are pretty smart huh?? do ya?!?! I say its time ta bomb ya ta death! ya god damn taliban hiding bastards!

    4. Re:Man, we have the lamest government by jellybear · · Score: 0, Troll

      Yeah? LET's GO, eh?

      The hockey gloves are coming off , now!

    5. Re:Man, we have the lamest government by tcc · · Score: 2

      I live in montreal, It always amazes me when people from US thinks in Canada "we are less free", I mean, the only biggest difference I've seen in the "free" arena is you guys can own and carry guns (which I find decent since the people who commit gun murder here don't get their guns legitimately in the first place anyways!). Aside from that, the impression that the US gives is that they are clamping your life to an embarrassing extent, all these DMCA, MPAA, RIAA, civil rights cases and horror stories, we don't hear that much comming from Canada. If our Gov. would back up big companies like that to the extent that it affects us as consumers and we have the last word, they'd be facing a massive revolt. US seems to pass these laws at just the correct rate so people don't notice they are getting screwed off, but slashing in what their ancestor fought to get. And they pay more attention to the "liberty" in other countries and saying how good US is, than preserving their own :). That's the other side's impression.

      There was once in my life that I considered moving to the States, but would I go today with everything happening?, I don't know I couldn't answer this question unless I would have something in front of me. (Canada has it's bad points too, like over-taxing to name one, the only thing you're not taxed for yet is breathing and having sex (oh, mark that last one off, 15% tax (gst, pst) on condoms or pills :) ).

      About the patent cases, here the thing I know is you have to do very (VERY) good paperwork to get your pattent in, it's not just a matter of filling a 1 page form and sending it to the patent office. I don't know about the process in the US, but either some people are really making a point by releasing stupid patents because the system is flawed and too lame, or they are really good at writing their patent application, and you need to back up a bit and re-read it to notice exactly what it means :), either way, things like that slowly degrades the value of patents in the united states, and affects the credibility of the whole system, and at the same time, the legitimacy of decent applications.

      --
      --- Metamoderating abusive downgraders since my 300th post.
  37. A new Icon? by Ratso+Baggins · · Score: 1
    I think the icon should read...
    • Patently Stupid!

    --

    --
    "we live in a post-ideological world..." - Billy Bragg.

  38. My god, you're a bunch of wingers.. by deggy · · Score: 1

    Why are you beating up on the guy who submitted this patent is clearly 'taking the mick' out of the US patent office, and maybe he has a good point - the way to make them see the error of their ways might be to submit ever more obvious and ludicrous patent applications (disguised as very serious proposals) until they realise that we're making fun on them.
    There's no better way of making an organsation change then making it realise that it's an object of ridicule.

    1. Re:My god, you're a bunch of wingers.. by ebonic+plague · · Score: 1

      . . .until they realise that we're making fun on them.

      What makes you think they don't already know that? $hit, they probably laughin right now about how some dumba$$ wasted his money filing this whack $hit, and how a bunch of self-styled geniuses are gettin all high and mighty thinkin they smart and $hit. You been played, my man.

      --
      Na'am sayin?
    2. Re:My god, you're a bunch of wingers.. by Anonymous Coward · · Score: 0

      Sorry to whinge, but whats a "winger" ?

    3. Re:My god, you're a bunch of wingers.. by deggy · · Score: 1

      Someone why whinges.

    4. Re:My god, you're a bunch of wingers.. by Kourino · · Score: 1

      Ohhhhh ... so THAT'S what that Amazon "one-click" patent was about.

      -_^

  39. In other news... by GrandCow · · Score: 1

    I have just patented a way to drink beverages out of an aluminum can. I place a tab at the top with a slightly scored circle around it. When the person raises the tab the sealed can is opened at the top. The person is then able to drink from the can at their own leisure.

    Send $50,000,000 paypal to me and I won't have all you fools charged the billions I am owed.

    --
    "Well kids, you tried your best, and you failed. The lesson is, never try." -Homer Simpson
  40. Government doesn't work on its own. by Anonymous Coward · · Score: 0

    You are a part of society, what can you do to help fix the problems?

    1. Re:Government doesn't work on its own. by Anonymous Coward · · Score: 0

      Blow the fsckers up?

  41. Re:Sure, it's obvious. Now. by DagSverre · · Score: 2, Funny

    sarcasm Pronunciation Key (särkzm) n.

    1. A cutting, often ironic remark intended to wound.
    2. A form of wit that is marked by the use of sarcastic language and is intended to make its victim the butt of contempt or ridicule.
    3. The use of sarcasm. See Synonyms at wit1.

  42. Employment requirements by dswan69 · · Score: 1

    Isn't it about time that patent office employees were required to have at least graduated kindergarten?

    An IQ over 10 might be nice too.

  43. My new patent by el_flynn · · Score: 1

    Tonight I'm going to patent a spitball:

    1) Hock
    2) Ptuie
    3) Tarzan-like yell

    That is, until I get through figuring out how to apply the patent on my home-made swing in the back, which i've used for front, back and side-swinging for ages.

    Good enough for the USPTO?

    --
    The Wknd Sessions - Malaysian and South East Asia independent music
  44. Who do I sue for injuries? by Anonymous Coward · · Score: 0

    Great! Give the guy the patent, then whack him with a class-action lawsuit for negligent design for every time anyone has ever gotten injured on a swing. Heh.

  45. Just wait till you get up there. . . by ebonic+plague · · Score: 0, Troll

    . . .and you have to pay a fee to the recording industry for tapes and CDs that ain't even got music on them. And its hella cold! Man, you have that $hit.

    --
    Na'am sayin?
    1. Re:Just wait till you get up there. . . by Kami-sama · · Score: 0

      Uh, we do that now with tapes, idiot.

      --
      HELP! HELP! I'm being repressed!
  46. Your tax dollars at work by Anonymous Coward · · Score: 0
    The problems with the Patent Office will come as no surprise to those intimately familiar with our goverment agencies.

    If you ever visit Washington, DC, and if you ever have a chance to visit a workaday government office, you will find something interesting. Most of the government employees (70 or 80 percent), including the patent office, are minimally qualified minorities (mostly blacks). You won't find Harvard graduates. You won't find MIT graduates. What you will find is a plethora of high school and community college graduates whose highest aspiration in life was to become a government civil servant.

    These are not the cream of the crop who migrated to Washington from around the country to achieve their dream. They are mostly natives to the shabby run down ("ghetto") sections of Washington DC east of the Anacostia river and into the Prince Georges County, Maryland (one of the least desirable places to live in the entire USA). These are not folks who spend their off-hours hacking GNU, reading Shakespeare, Tolkien, or Heinlein. They most certainly don't read Slashdot. And it is highly doubtful any of them own a computer, or even use one outside of what is provided at their place of employment.

    The main reason they aspire to government employment is only because it is the biggest and least demanding "industry" in the direct vicinity of their place of birth. And once employed, it requires the least amount of effort. In the absence of this government "industry", the more industrious and less criminally inclined would be working in a tobacco field, or a textile mill, presuming of course that there were no openings at the local post office.

    The problems with the INS, FAA, FCC, and other government agencies can mostly be attributed to the low quality of the employees, their lack of motivation, and their less than stellar intellect. Among government employees, the most highly regarded skill among peers is that of "getting over" -- achieving advancement and perks while doing the least amount of work. This is your tax dollars at work.

    1. Re:Your tax dollars at work by Anonymous Coward · · Score: 0

      I think you may be biased. Can you provide further information to back up these claims?

    2. Re:Your tax dollars at work by Anonymous Coward · · Score: 0
      No bias at all. I'm a native of Washington, DC and I have spent almost 3 decades conducting direct face-to-face business with government agencies. I am providing my observations as I have lived them. They are my personal observations based on real experience with dealing with government agencies at the grass roots level. In fact, I have omitted the more damning details lest they not be believed because their outrageous nature.

      If you are sincerely interested in the truth, you would be wise to take my comments seriously. It is doubtful that you will easily find as unbiased and honest assessment. There is a prevalent "cover-your-ass-don't-rock-the-boat" mentality which keeps many individuals from speaking out. I invite you to come to Washington, DC and decide for yourself.

  47. The USPTO is Slashdotted by Get+Behind+the+Mule · · Score: 3, Informative

    Can somebody put up a mirror? Or would that violate some kind of IP laws? You never know these days.

    The USPTO has become such an outrage that it needs to become in issue in this year's elections. That can only happen if media attention can be drawn to absurd patents, and this is just the kind of thing to do it. Everyone can understand how preposterous this is; and then, if we're lucky, the TV news will get someone like Bruce Perens or ESR as a talking head for background, and that person can go on to say, "You know the patent office does this all the time, let me give you some more examples, and let me explain the damage that it does to our economy." It's our best chance.

    If we're unlucky, they'll put on an M$ spokesmen, who will use the TV sound bite to blast the GPL as an evil, anti-capitalist plot.

    1. Re:The USPTO is Slashdotted by Anonymous Coward · · Score: 0



      Ever consider refreshing slashdot faster then?

    2. Re:The USPTO is Slashdotted by release7 · · Score: 1

      Yes, this could be to patent reform what spilled hot McDonald's coffee is to tort reform.

      --

      <a href="http://www.joblessjimmy.com">Work is dumb and so is Jobless Jimmy.</a>

    3. Re:The USPTO is Slashdotted by Hrunting · · Score: 3

      The USPTO has become such an outrage that it needs to become in issue in this year's elections. That can only happen if media attention can be drawn to absurd patents, and this is just the kind of thing to do it. Everyone can understand how preposterous this is; and then, if we're lucky, the TV news will get someone like Bruce Perens or ESR as a talking head for background, and that person can go on to say, "You know the patent office does this all the time, let me give you some more examples, and let me explain the damage that it does to our economy." It's our best chance.

      Yeah, that's exactly what we need. In an era where people don't tune into politics because there aren't any real issues, let's throw the whole geek-led patent issue at them. When will the geek community learn that the best way to forward geek causes is not to try and get the general populace behind them? You would think after the beatings in high school we would learn that our plights don't interest those in the "real" world.

      Look, our country is in a recession. The rich are getting tax breaks. More people are living in poverty. Social security, which many in our generation believe will form the foundation of our post-retirement earnings, is in jeopardy of falling apart. There is a war against terrorism and a parallel war against human rights. When you stack the fact that out of the thousands of patents that the USPTO gives out a year, a few are silly and challengable against the real problems plaguing our country right now, I don't think we're talking an election year issue.

      Geeks need to get off their horses and walk among the people for whom silly patents and the lawsuits that question them are not life-challenging events.

      p.s. The last thing we need is ESR getting on national television as a representative of the geek community. If you want to talk about ways to connect geek causes with mainstream America, ESR does not enter into the conversation.

    4. Re:The USPTO is Slashdotted by Get+Behind+the+Mule · · Score: 2
      In an era where people don't tune into politics because there aren't any real issues, let's throw the whole geek-led patent issue at them. When will the geek community learn that the best way to forward geek causes is not to try and get the general populace behind them? You would think after the beatings in high school we would learn that our plights don't interest those in the "real" world.


      I don't agree with you, because historically, the public has indeed taken interest when they can see evidence of government breaking down completely. Years ago, it was hard to get people worked up about the high cost of military procurement, although a lot of people knew about the mind-boggling waste of taxpayer money. Then the stories came out about the $500 toilet seats, and people took notice. This patent could become the USPTO's toilet seat.

      Look, our country is in a recession. The rich are getting tax breaks. More people are living in poverty. Social security, which many in our generation believe will form the foundation of our post-retirement earnings, is in jeopardy of falling apart. There is a war against terrorism and a parallel war against human rights. When you stack the fact that out of the thousands of patents that the USPTO gives out a year, a few are silly and challengable against the real problems plaguing our country right now, I don't think we're talking an election year issue.

      The preposterous situation surrounding IP these days is hindering the growth of the software industry and contributing to the recession. It really does make a difference to the average citizen, but it's difficult to explain why. (I get the impression from your post that you don't really understand that either.) It's all a matter of finding a way to communicate the message.

      The last thing we need is ESR getting on national television as a representative of the geek community. If you want to talk about ways to connect geek causes with mainstream America, ESR does not enter into the conversation.


      Well maybe, but some people do respond to him well. And I did mention Bruce Perens first. %^)
  48. April Fools! by Anonymous Coward · · Score: 0

    Oh, wait... damn...
    This MMORPG sucks - who gave the admin such stupid powers? I wish I could log out, but the damned thing is wired straight to my brain. bah!

  49. what about copyright infringment by TheCyko1 · · Score: 1

    Does this mean i can get arrested for swinging on the swing sideways without a lisence?

    "Imagine me naked, now imagine me quickly turning a sharp corner." -Cyko

    --
    This message was brought to you by the death of 30 brain cells.
    1. Re:what about copyright infringment by glwtta · · Score: 2

      You can't actually be arested over IP (for now at least).

      --
      sic transit gloria mundi
    2. Re:what about copyright infringment by mbrubeck · · Score: 3, Insightful
    3. Re:what about copyright infringment by glwtta · · Score: 2

      of course. but not legally arrested.

      --
      sic transit gloria mundi
    4. Re:what about copyright infringment by timster · · Score: 2

      Sorry, but as your nearest DVD will inform you, copyright infringement carries criminal penalties, and you can in fact be arrested, at least for that. I'm not so sure about patent infringements. Remember that there is no such thing as "intellectual property" recognized by the law.

      --
      I have seen the future, and it is inconvenient.
  50. Mastermind by _Sprocket_ · · Score: 3, Funny
    We now have proof of a machiavellian genious working within the USPTO. We may not know his intent, but we do know his modus operandi: absurdity.


    Maybe the agent posseses a sense of humor and an apreciation for irony that has slowly twisted his mind over the years. It started simply. A inane little patent. Won't hurt anything. But it was darned funny. And nobody caught it. So he upped the stakes with another gem. Unnoticed. And another. And another. The beancounter souless zombies that are his coworkers oblivious to the parade of delicious irony under their noses, presented by inane claims, burried in a sea of paperwork. Taunting him. Daring him. Just a little more. They'll appreciate his humor. If he just found one obvious enough.


    Maybe our mastermind is actually an activist. Working from the inside. Sabotaging the system. Poisoning the dignity of the entire USPTO system with more and more outlandish patent grants. Daring the public to see the USPTO for the foolishness that it really is. They'll apreciate how foolish it all is. If he just made it obvious enough.


    Or maybe there is no mastermind. We are simply witnessing the byproduct of a reality distortion only known to exist within the proximity of US Governmental beurocracy and Steve Jobs.


    So many posibilities. And we've only just began to scratch the surface...

    1. Re:Mastermind by YoJ · · Score: 2

      My guess is that dad is a patent attorney, and son is a 6-yr old. The son figured out a way to start swinging horizontally from a dead stop without having to "pump" the swing, and his dad got all excited about helping his son get a genuine patent.

    2. Re:Mastermind by Anonymous Coward · · Score: 0
      We may not know his intent,


      He? Guess you'd have to work here.

  51. Since they lack man-power... by glwtta · · Score: 2

    What's the suggestion we always hear when we are lacking any form of "power" for some task? Distribute it! So I am suggesting that we replace the USPTO with Patent@Home, where all patent applications will be randomly distributed between the participants to be approved or rejected. It might seem that giving the decision to 14 year old kids with no kind of training on the subject is a bad idea... but then, look at the parent.

    --
    sic transit gloria mundi
  52. later today in a FBI press confernce... by Anonymous Coward · · Score: 0

    Today the US Patent and Trademark Office's internet infracstructure was attacked by suspected Terrorists. We have no comment at this time but we have several suspects including a one "Cmdr. Taco" and CowboyNeal.

  53. Re:Sure, it's obvious. Now. by prash_n_rao · · Score: 2, Funny

    Hey, maybe if I describe it properly and clearly list out all the steps involved, I may get a patent for the way I pick my nose!

    --
    This is not my sig.
  54. US Patent system officially stupid. by t_allardyce · · Score: 1

    Right that does it, ive tried to be polite, but im sorry, your country's patent system is f*cked up. Go patent sticking it up your ass, or someone else will...

    --
    This comment does not represent the views or opinions of the user.
    1. Re:US Patent system officially stupid. by Anonymous Coward · · Score: 0

      Hey, Australia let a guy patent the wheel, for which there is amply available prior art to observe, and you call the U.S. stupid?

  55. So can we use this in defence? by Boss,+Pointy+Haired · · Score: 1

    So when my start-up software company is taken to court by Megacorp Inc. for infringement of some silly software patent, can I produce this as evidence that the patent system is broke?

  56. Re:Sure, it's obvious. Now. by Anonymous Coward · · Score: 0

    unless, of course, they have already granted it to someone else...

  57. Cooridinate activity by Anonymous Coward · · Score: 0

    EVERYBODY:

    Write a protest mail. Send it many times to /dev/null. Achieve nothing. Go back to downloading p0rn.

  58. Re:Sure, it's obvious. Now. by Anonymous Coward · · Score: 0

    It's called a tire swing. It swing in an oval-like fashion. Here's a diagram (If I can get passed the Slashdot "lameness" filter)

    .
    . .
    . .
    . .
    ._______.
    [___tire__]

    Found at: Old Greenwich Elementary School, CT.

    OK, so that didn't work well because I couldn't get around the slashdot ascii-diagram filter, but you get the point: The tire is held by four chains, so kids can sit in the middle. People around you push you around in whatever way they please until you throw up. Then they lose interest.

    I'm also 99.999% confident that a local neighbor at said town had a more traditionally shaped swing that swings sideways. Not that this patent matters much, really. I'd rather swing in a forward-and-back motion.

  59. Does this mean i can patent masturbation? by Anonymous Coward · · Score: 0

    If a person can patent swinging sideways and every child has done this. Does this mean i can patent Masturbation?

  60. The inventor is a 7 year old by btempleton · · Score: 4, Insightful

    Folks, this is mostly an amusement patent. The inventor was a seven year old, and of course he's not the first to invent it. But his dad's a patent lawyer and wrote it up for him on a lark.

    Like the laser cat-exerciser patent, nothing will ever come of this. It's just there to be silly. Nobody will ever be sued for infringement. Can't there be a sense of humour in this?

    --
    Has it been over a year since you last donated to the Electronic Frontier Foundation
    1. Re:The inventor is a 7 year old by FireChipmunk · · Score: 1

      yes but what if the big bad tax man says they need to pay more money, or little 7 year old grows up and needs money for his nice New England Private School? hmmm.. thats what I thought, its called a cash cow for later. one of those jsut in case things... mmmmkay?

    2. Re:The inventor is a 7 year old by aCC · · Score: 1

      This doesn't change anything of the fact that a stupid (but humouros) patent got granted. It's not so much about the person getting the patent. The patent office is supposed to stop nonsense like this. Shows that anybody can more or less patent anything, which is absolutely against the idea of patents.

    3. Re:The inventor is a 7 year old by kesuki · · Score: 2

      I would just like to point out prior art on this.
      I also learned this method of swinging when i was ~7 or so, since I'm in my mid-twenties now that pretty much counts as prior art. I'm sure you can find hundreds of people who practiced the pulling on one chain then the other for side to side swinging when they were kids. I didn't actually do the oval swinging method though, just the side to side. I'd also like to note that the helix method described in the patent description is more fun when one is lying on the swing with their belly, or is leaning back to look up at the sky. I'm also suprized that the method whereby one stands on the swing instead of sitting and jumps off isn't described. I mean come on there are dozens of ways to use a swing for fun.

    4. Re:The inventor is a 7 year old by Anonymous Coward · · Score: 0

      Well, I bet that 7 year old has a field day in the kinder garden.

      "Hey, stop swinging like that, or I'll sue you for patent infringement!"

    5. Re:The inventor is a 7 year old by alexjohns · · Score: 2
      The obvious next step is to buy a boat, invest in a good telescope with a camera that attaches, then hang out on the river that runs through Bill Gates' backyard. Bill's kids should be about the right age for this sort of thing. I would imagine daddy has bought them a swing of some sort.

      The rest is obvious. Except for which lawyer you should employ. I don't know that Johnny Cochran would be right for this.

      "If sideways the child swings,
      the money must be brought in."

      Nope, not quite right.

      "If the swing goes side-to-side,
      the money is ours to divide."

      There, I like that one.

    6. Re:The inventor is a 7 year old by MarkGriz · · Score: 1
      It's just there to be silly. Nobody will ever be sued for infringement.

      Don't be so sure. I've contacted the inventor and am planning to license the patent. I intend to sue every 8 year old kid in the US that infringes it. Sublicenses will be available for a low fee of $100/year, or $1000 for a lifetime license.

      Don't wait. Order now!

      --
      Beauty is in the eye of the beerholder.
  61. Oh goody, more bad patents. by NuttyBee · · Score: 1

    I might just have to infringe on this guys patent now that I know it exists.. I'm upset that he doesn't credit Isaac Newton for our basic laws of physics, without which, his invention would be impossible.

    This is a pretty good example of whats wrong with patents..

  62. All your patents are belong to me by chryptic · · Score: 1

    I would like to patent the patent for patenting stupid patents.

    Say that five times fast.

    --
    The two most common things in the Universe are hydrogen and stupidity. -- Harlan Ellison
    1. Re:All your patents are belong to me by Wubby · · Score: 1

      I would like to patent the patent for patenting stupid patents.
      Say that five times fast.


      Ok...

      that
      that
      that
      that
      that

      --
      Sig
      Appended to the end of comments you post. 120 chars
  63. Sad. Just Plain Sad by Akito+Tenkawa · · Score: 1

    The worst part is the fact that the US Patent Office is never going to be funded to get the staff and technology it deserves to weed out the fluff like this. This is because major corporations would be the ultimate losers in that setup. With a better staffed and trained USPTO, most the "business" patents (like that whole "1-Click shopping" thing) would have been shot dead in the water.

    But, broken or not, a patent is a patent, but getting royalties on patents is another matter - just ask RAMBUS...

    --
    "Oh I see. You resort to brute force when you can't get something by arguing for it..." - Xellos
  64. That's a USPTO.GOV link! by seanadams.com · · Score: 3, Informative

    There's no way this is for real.

    Wrong! This is a real patent. Read it.

    Contrary to whatever you've been led to believe about the patent office, you CAN get a patent on absolutely anything - it doesn't even have to work. The patent office just files the paper work. It's not until you sue (or get sued) that anybody decides the strength of your patent.

    1. Re:That's a USPTO.GOV link! by interiot · · Score: 2

      Can you say "chilling effect"?

    2. Re:That's a USPTO.GOV link! by ross.w · · Score: 2

      More people should try this then, just to demonstrate how screwed up the system is.

      Let's see, I might patent "a method for catching raindrops on a human tongue", or "a method of achieving high cornering speeds on a three wheeled vehicle by shifting body weight"

      The more of this get approved and then publicised, the weaker the system will become, and the louder the cries for reform will get.

      Only problem is, I'm not a US citizen, so the rest of you slashdotters will have to do it for me.

      --
      If my call is important, why am I talking to a recording?
    3. Re:That's a USPTO.GOV link! by Sircus · · Score: 3, Informative

      You don't have to be a US citizen to be issued a US patent. The only thing you might need to pay special attention to is the Oath/declaration, though since you clearly comprehend English, this shouldn't be too tricky.

      --
      PenguiNet: the (shareware) Windows SSH client
    4. Re:That's a USPTO.GOV link! by codetalker · · Score: 1

      I meant in a "I'm going to file this patent and make money off of it!" kind of sense. I don't deny that the patent was granted, but in terms of the purpose of a patent, it is useless as it will not really guarantee this guy the rights to swinging sideways. Sure legally he owns the rights, but common sense dictates that civil disobedience is gonna win this one.

      --
      All a coder really wants, are fast cars, fast women and fast algorithms.
    5. Re:That's a USPTO.GOV link! by markmoss · · Score: 2

      Has that Aussie applied for a US patent to match his Australian patent on a 'circular transportation facilitation device' yet? If they approved this swinging sideways patent, they shouldn't boggle at patenting the wheel.

      Under current law, the patent office supposedly examines patents and searches for prior art, and their approval on the patent is taken by the courts as prima facie evidence that the patent is OK. It takes a lot of legal expenses to fight this, even when it's obvious there was no innovation there... If they can't do better than this, we should replace them with an on-line database where you simply file patents, with a bond to pay the legal expenses if someone wants to take it to court. And have the court case starting without a gov't stamp of approval on either side.

  65. The best part is the last line in the patent.... by ferrocene · · Score: 1

    "Licenses are available from the inventor upon request."

    Hoo-boy. Does he have a website where school yards across the nation can apply for licences? Is the licence transferable?

    Pretty soon children are gonna have to sign a EULA before they hop on a swing. :)

    --
    Most folk'll never lose a toe, and then again some folk'll...
  66. I would like to patent... by tjensor · · Score: 1

    ... the "Star" jump. this is a special kind of jump that I and I alone have discovered. It differs from a normal jump in that you throw your arms and legs out to the side while in the air, forming a star shape (hence star jump).
    For safety reasons it is advisable to return your legs at least to the vertical position before landing.
    A licence fee of $0.02 per jump will apply, and my lawyers will be spot-checking primary schools.

    --
    <fnord>OBEY</fnord>
  67. Re:IDIOTS by Anonymous Coward · · Score: 0

    s'funny... we say the same thing here Asia-Pacific too.

  68. Obvious to person of ordinary ability in the field by jellybear · · Score: 1

    Actually, this method is obvious to any person skilled in the field. In this case, it would not be an engineer but rather a 7-year old kid. Get several kids. Put them on swings. Ask them if they can go sideways without touching the ground.

  69. also patented on the same day by Mr.+Asdf · · Score: 1

    who said long distance relationships can't work: patent no 6368268

    1. Re:also patented on the same day by Anonymous Coward · · Score: 0

      I am quite nauseated that three men and no women are the patent holders of teledildonics. :P

  70. This is what I like about the USA by wzzrd · · Score: 0

    This is what I like about the USA and the Americans: YOU (THEY) ARE ALL COMPLETELY INSANE =D

  71. Damn, there goes my patent by Taliesan999 · · Score: 1

    Damn, there goes my patent on hopelessly late April Fools jokes :)

  72. Fairly bright? by briaman · · Score: 1

    Considering the money that is probably paid, I wouldn't be surprised if you were offered fries with your patent.

    --

    ==========
    Error in module creativity.dll : Unable to create witty comment.
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    1. Re:Fairly bright? by Anonymous Coward · · Score: 0

      How much does it pay?

    2. Re:Fairly bright? by briaman · · Score: 2, Insightful

      Don't actually know. In England, public sector workers tend to get significantly less than they would get in the business sector. The obvious consequence is that a lot of the best people migrate out of the public sector. I don't imagine things are much different across the pond.

      --

      ==========
      Error in module creativity.dll : Unable to create witty comment.
      Abort / Retry / Ignore ?

    3. Re:Fairly bright? by markmoss · · Score: 3, Insightful

      In England, public sector workers tend to get significantly less than they would get in the business sector. What is (possibly) different on this side of the pond is that we often grossly increase the pay of public sector workers and the quality doesn't improve. In the case of school teachers, the personnel quality has actually declined quite a lot in my lifetime, even though their paychecks have increased greatly, both absolutely and in comparison to most other workers. Forty years ago public schools around here paid about like sweeping the floor in a unionized auto plant, and people that found they hated teaching almost all got out. Now they are likely to stay in, because without significant talents or an education far more rigorous than teacher's courses, they can't get another job paying nearly as well.

      Fire the incompetents? Never happens in gov't service. I ran into two incompetent teachers in public schools, from 1958-1971. (By the way, on this side of the pond "public school" means 100% tax-supported and government-controlled, by distinction to tuition-charging "private schools". Private schools often provide superior education at 1/2 the per-pupil budget.) One incompetent was in her first year teaching; my 6th grade class drove her into a "nervous breakdown", and she didn't come back for a second year. The other one had been in the same job 20 years already, and had been just as incompetent all along -- I have no idea why he stayed, except he probably was too lazy to keep _any_ real job.) But when my son reached high-school age, about 50% of the local public high-school staff didn't know the subjects they were teaching. Needless to say, he didn't go there.

      Now for the real bad news: apply this principle to airport security. The past: underpaid McDonald's rejects working for private security firms. The present: the same McDonald's rejects shifting to the government payroll. The future: McDonald's rejects that cannot be fired, drawing three times the pay at taxpayer's expense...

    4. Re:Fairly bright? by MegaSpam · · Score: 1

      It actually pays pretty well. My father is a patent examiner and he's putting me through college. It's tougher than one might think. The examiner has to write the approvals and rejections which all have to be in lawyer-speak.

      --
      Kill two birds with one stone by killing a bird with a stone and then picking up the stone and killing another bird.
    5. Re:Fairly bright? by briaman · · Score: 1

      I stand corrected. So how then did this patent come about? No competent patent examiner could possibly have approved it.

      --

      ==========
      Error in module creativity.dll : Unable to create witty comment.
      Abort / Retry / Ignore ?

    6. Re:Fairly bright? by Anonymous Coward · · Score: 0

      50-120k.

      they pay for law school too

      http://www3.uspto.gov/go/jars/sgs.html

  73. Hmmmm by Andy.T.BOFH · · Score: 1

    For fsck's sake.

    Im away to patent breathing in the name of the UK.

    You can breathe if I can swing sideways....

    --
    01011001011011110111010101101101011101010111001101 1101000110001001100101011000100110111101110010011
  74. Ethical dilemma by Cally · · Score: 2
    My new employer pays a fat bounty (cash!) for any good patentable ideas, and provide company lawyers to help rewrite one's scribblings into a filable form. If it gets used, you get another $10,000. The car park here is full of Porsches, TVRs, Lotus Elises etc. The tempation to think of a silly idea (say, mouse pointers, cross-platform FEs, firewall rulebases kept in a databae... that sort of thing) and get a pointless patent, just for the money, is pretty strong...

    Don't get me wrong, I think software patents are Evil and Rude and I would never patent something actually useful. Any suggestions for stupid things to patent so (a) I get the cash and (b) companyt lawyers go mad trying to enforce something unenforceable (or better: something that would be struck down as a patent when it came to court, so that after I have the cas they realise the patent is unenforcable) received with thanks!

    --
    "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    1. Re:Ethical dilemma by Anonymous Coward · · Score: 0

      How about, patenting the default window-placement order/algorithm of a window manager?

      You know, in Motif, first window goes top-left, next a little further down and right, etc.

      In KDE, it tries to tile them, etc..

  75. Re:Sure, it's obvious. Now. by cybermage · · Score: 3, Funny

    I may get a patent for the way I pick my nose!

    With all those sex sites on the net, you'll make much more money licensing the technology of using porn to cause arousal. While nose picking may be just as common as masturbation, there is way more money in the latter.

    Besides, think of the lawsuits from Kleenex if you're invention catches on and results in a drop in tissue sales.

  76. Could you patent some non-working methods? by Anonymous Coward · · Score: 0

    For let's say time travel...

  77. Patent this ... by Lev_Arris · · Score: 1

    Maybe somebody should patent the method of filing stupid patents for obvious methods? That way we could at least sue people when they get through with something like this ;)

  78. Put them on Jerry Springer! by Bodrius · · Score: 2

    It may sound stupid, but I think this would actually be the only way to get people to care about the absurd state of the Patent Office.

    Face it: patents, for non-geeks, sound like an incredibly dull subject. They will find it preposterous and silly, but they won't stay tuned long enough to realize the damage it does to the economy. How many typical Joe Americans stay tuned for more than 30 seconds to a political analysis on NPR, C-SPAN or PBS?

    Unfortunately, the patents are a "pure real issue". That is, they cannot be reduced to partisanship, a scandal or a psychological "hot button" (like "help the poor", racism, Big Government, abortion, Christian Decency, taxes, gun-control, etc) which seems the only way to gather support for an issue these days.

    It takes some real thinking to figure out the role of IP on the economy, and then the role of the Patent Office in there, and then the difference between trademarks, patents, copyrights (because someone will ask about the "patent on Mickey Mouse or Shakespeare").

    Even among geeks people care because it has become a psychological hot-button, with most geeks being "for-IP" or "against-IP". If they didn't already advocate one side, they wouldn't probably tune in either.

    Now, put ESR or RS on Jerry Springer in a show about "Absurd Patents and the Outrageous Government that Grants Them!" and you'll see more people being aware of the subject than if you throw a rationalistic national campaign. After they already have a position, they might be willing to be convinced.

    --
    Freedom is the freedom to say 2+2=4, everything else follows...
  79. To be fair... by Observer · · Score: 3, Insightful
    ... to the USPTO, my understanding is that provided an examiner with reasonable knowledge of the field doesn't find any published prior art, then they're under an obligation to issue the patent. And on the whole it's a good thing that examiners' discretion to reject applications is limited to the claims themselves, and not (subjective) assessments of what is or is not ridiculous or useful.

    Where USPTO's actions can be justifiably questioned is when decisions are made which appear to show that it does not have (enough) examiners with adequate knowledge of the field concerned, IT being, unfortunately, one of these fields. As has been commented before, the remedy is to improve the scrutiny by taking on additional knowledgable examiners, but this isn't something that can be done overnight even if the neccessary resources were approved by government and legislature: ask yourselves what it would take to persuade you to consider such a career, rather than working in the "real world".

    1. Re:To be fair... by nagora · · Score: 2
      And on the whole it's a good thing that examiners' discretion to reject applications is limited to the claims themselves, and not (subjective) assessments of what is or is not ridiculous or useful.

      Where this falls down is that patents are not to be granted to "obvious" inventions. This is a clearly subjective requirement and demands a level of knowedge and expertise by the examiner, and it's a legal requirement.

      In practice the USPTO has decided it doesn't want to bother paying anyone with that level of skill and has choosen to ignore the law and save some money.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    2. Re:To be fair... by markmoss · · Score: 2

      In this case, "obviousness" did not even have to be considered. Prior art is an objective barrier -- and is there any American kid that didn't do this for himself or herself???

  80. I invented it!! by Anonymous Coward · · Score: 0

    If I go and look through all my childhood video tapes, and find one of me performing that "sideways" swinging. Do I have a case against this guy? If I invented it before he did; I want the patent! heh That is until other older person finds a tape more dated than mine. :)

  81. Oh dear... by MrSeb · · Score: 2, Funny

    I hope I'm not the only sad bastard that's just ran outside to the nearest park (first time in DECADES) to try out this 'better' method of swinging?

    1. Re:Oh dear... by Lewisham · · Score: 1

      You mean you never did it as a kid? You either were deprived or had really bad imagination skills :) I pity you ;)

  82. Job of patent office is not to judge by Tusaki · · Score: 1, Interesting

    Everybody keeps forgetting that the job of the
    patent office is not to judge patents, its just
    to grant them and to make sure it is a 'new'
    patent (ie. it doesnt exist in the patent-DB).

    To enforce such a patent, that's an entirely
    different matter. (your swings are using my
    patented motion?)

  83. With this in mind maybe i could be granted my idea by Anonymous Coward · · Score: 0

    I have applied for a patent of running the forskin up and down in about 2Hz.

  84. Re:IDIOTS by BritInParis · · Score: 1

    real funny, the French say it too...

  85. Re:Sure, it's obvious. Now. by Technician · · Score: 5, Funny

    Read the patent. It states the method for a swing suspended by two chains from a tree branch. Since the playground swing I used has a pipe frame instead of a tree branch, this patent does not apply to my horizontal swinging done in grade school. The swing we had at home used ropes instead of two chains. He has patented a specific implimentation of the horizontal swing method on a specific type equipment. (two chains and one tree branch) I'm glad he didn't patent spinning in circles on a swing.

    --
    The truth shall set you free!
  86. I think it's quite obvious by Big+Nothing · · Score: 1

    Those who can, do. Those who cannot, teach. Those who cannot teach, manage. Those who can neither do nor teach nor manage, and are generally clueless, work at a patent office.

    --
    SIG: TAKE OFF EVERY 'CAPTAIN'!!
  87. Ahahah by loply · · Score: 1

    Which nob head at the Patents Office was on crack when this got approved?

    /Me patents reading Slashdot.

  88. These laws exist to be broken, not adhered to by Zoop · · Score: 5, Insightful

    Nobody will ever be sued for infringement.

    Probably, but the problem with patents is that you can never be sure, can you? Unlike with trademark, which is subject to dilution, patents can be allowed to exist as long as the term is granted and even on the last day, someone can sue another person (even if they ignore someone standing next to them doing the same thing--it's totally up to them). It's a great harassment tool.

    The fact that such a waste of the taxpayers' money was able to go through the system indicates just how easy it is to do...provided you can afford a patent lawyer. If not, you're SOL.

    Corporations patent things largely because they fear just these things--so everybody sets up a system where they think they can scare everyone else from suing them because they might also be sued for some obscure patent. In effect, they don't expect anyone to NOT violate their patents--they just want it to make sure you can't sue them over one of yours.

    That is an increasing trend in law. Laws and regulations exist not to be adhered to, but to insure that someone has broken some law and that fact can be used against them as leverage. So if the city decides they can't afford eminent domain (where they have to pay you usually below-market prices for any property of yours they take to widen a road, for example), they simply find you guilty of one of the many ordinances they have and stick you with a massive fine--unless you agree to settle with them for the property they want.

    The danger with this is, aside from the obvious abuses, that it degrades respect for the law. Eventually, it fuels a very combative relationship with the government--which, combined with the size and intrusiveness of modern government is why you can't even drive past the White House on one side anymore. They're afraid of you.

    So no, this patent by itself isn't anything to worry about...it's a symptom of the larger set of problems, not all of which have to do purely with the patent office.

    1. Re:These laws exist to be broken, not adhered to by Courageous · · Score: 2

      Corporations patent things largely because they fear just these things--so everybody sets up a system where they think they can scare everyone else from suing them because they might also be sued for some obscure patent. In effect, they don't expect anyone to NOT violate their patents--they just want it to make sure you can't sue them over one of yours.

      Yes. This is exactly why I started filing software patents for the company I work at. If we don't, some unscrupulous operator will. Having patents serves us two primary functional purposes: 1) We're protected, 2) Our patent portfolio looks good in marketing presentations. We don't actually license anything or try to.

      C//

    2. Re:These laws exist to be broken, not adhered to by ajakk · · Score: 3, Informative

      The fact that such a waste of the taxpayers' money was able to go through the system indicates just how easy it is to do.


      This is not a waste of taxpayers money. The USPTO funds itself on the fees people pay to file and maintain patents. The USPTO made money by allowing the patent. This patent doesn't hurt the public in any way, and it is obviously a joke.

      GET A SENSE OF HUMOR!

    3. Re:These laws exist to be broken, not adhered to by Anonymous Coward · · Score: 0

      Not about patent law. It is just too important for the future of technology. Something done in innocent fun could cause unimaginable trouble down the road. Just 'cause it looks harmless now doesn't mean it is harmless.

    4. Re:These laws exist to be broken, not adhered to by rabidcow · · Score: 2

      But don't you see the beauty of the other side of the coin here?! Sure, you may have to pay royalties for the term of the patent, but when it expires, THIS SWINGING METHOD WILL BE IN PUBLIC RECORD!! So future generation will forever have the knowledge of SWINGING SIDEWAYS! Think of the implications! Think of the joy, the good of humanity!

    5. Re:These laws exist to be broken, not adhered to by Zoop · · Score: 2

      This is not a waste of taxpayers money.

      Really? The USPTO whines that it is 'overworked and underpaid'...dismissing this patent would have been 30 minutes or more that could have been spent examining whether serving a page with a computer system such that it appears the same to many users has any prior art or not.

      I have a sense of humor--I just don't like it when real life starts to be indistinguishable from the Onion.

    6. Re:These laws exist to be broken, not adhered to by Anonymous Coward · · Score: 0

      You can't just dismiss a patent for being frivoulous. The examiner can reject it once, the applicant responds then the examiner can reject it again. A patent application takes on the order of YEARS to be examined and either rejected or approved, THERE IS NO RUBBER STAMP PROCESS like most totally uninformed people on slashdot believe.

      The examiner can't just say, oh its ovbious to everyone, the examiner has to show some teaching or combination of teachings to reject the patent. Saying someting like, oh i did that as a kid won't fly to a patent attorny. they will reply, really? prove it. show me something.

      The patent office claims of being overworked and underpaid are valid. The fees applicants pay provide the budget for the USPTO,however congress takes about 25% of that money away and uses it to pay for other agencies budgets. Return that money to the USPTO and theywould have the funds for additonal examiners.

  89. Idea by damas · · Score: 1

    Rsync file synch. Very technical. Very useful. Prior art widely available. They're never going to catch on if you change file to database or the like (bitstream etc.).

    I expect cash.

    1. Re:Idea by Cally · · Score: 2

      rsync: a great idea... particularly as at least one very large (60,000 files) dataset gets "mirrored" from one site another using... drumroll please maestro... DOS `COPY'. So they won't have heard or rsync (or wget --mirror, or LWP::Simple or any of the thousand-and-one mirroring utils on sourceforge)... heh. damas, I just mailed you at Yahoo so we can sort out the cash if I get anywhere with this.

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    2. Re:Idea by Anonymous Coward · · Score: 0

      I hope that's a 'COPY /B' command, or some day they are going to be mighty suprised, when the file contains a 0x26 character, and gets mysteriously truncated.

  90. Re:Sure, it's obvious. Now. by Micah · · Score: 3, Funny
    Since the playground swing I used has a pipe frame instead of a tree branch, this patent does not apply to my horizontal swinging done in grade school.

    Read it a little more closely:

    As is apparent to those of ordinary skill in the area of swinging, the chains could be replaced with ropes, cables, or the like, or the tree branch could be replaced with another substantially horizontal support such as a metal bar or pole.

    Sorry, I think you're gonna have to pay up...
  91. I have a better patent... by Anonymous Coward · · Score: 0

    ...it's a system for "cyclical respiratory oxygenation to aid the continued operation of certain organic matter". I call it breathing, and you all owe me billions of $'s or I'll sue your sad arses!

    Yay, I'm rich!

  92. Re:Sure, it's obvious. Now. by TekPolitik · · Score: 2

    In other news, a bunch of SlashDot readers have obtained a patent on "A Method For Simultaneous Perambulatory Motion and Masticating a Pliable Sticky Artificially Colored and Flavored Confection"

  93. Re:Patent granted on page widening! by loply · · Score: 1

    Eh? It just wordwraps. Ive been wondering wtf you people are talking about all the time lol. Which browser(s) is vulnerable? Or shouldnt I ask - MSIE?.

  94. Talk About the playground Bully.... by pennsol · · Score: 1

    What's this guy going to do ...hit up all the kiddies on the playground for thier lunch money...and if that doesn't work sue the parents for the iresponsable actions of the child for patent infringment...DUH

    --

    Just Limin' Mon

    1. Re:Talk About the playground Bully.... by markhb · · Score: 3, Informative

      Note that the "lawyer" in the case has the same last name as the inventor, and also that the patent references "the inventor and his sister." My guess is that the dad is a patent attorney, and the inventor and sister are his kids.

      At least he's willing to license the patent (see the end of the abstract), and also that the patent specifically references a "tree branch". The real "money" goes to whoever patents an extension of this one to cover those cases where the swing is suspended from a metal bar supported by supports arranged in an isoceles triangle :)

      --
      Save Maine's economy: write stuff down. All comments are exclusively my own, not my employer.
  95. Prior art by Anonymous Coward · · Score: 0

    the swings next to my school during my childhood could do this!

  96. just like the RFC's by ComaVN · · Score: 1

    So when a joke RFC is submitted, it's a fun joke, but when the patent office has a joke patent, they're morons? C'mon, it's a joke. Laugh.

    --
    Be wary of any facts that confirm your opinion.
    1. Re:just like the RFC's by Nohea · · Score: 2, Informative

      RFC's are not enforcable by law.

  97. Patent holder's father is patent attorney by klarck · · Score: 3, Interesting

    This story was covered on NPR over the weekend with a fluff/human interest angle. Sorry, couldn't find it in their archives.

    The NPR story mentioned that the patent holder's father is a patent attorney. (The patent holder is a 10-12 year old boy.) There was no suggestion that the patent was filed to raise awareness of problems with patent law, but I can't help but think that's the case.

    1. Re:Patent holder's father is patent attorney by broohaha · · Score: 2, Informative

      I heard it on public radio over the weekend, too. It was a quiz item on the (funny) news quiz show "Wait Wait... Don't Tell Me!". They even played a soundbite of the 7-year-old explaining why his sister didn't want to be included in the patent.

      Here's a Real Audio clip of the entire show.

      This story was covered on NPR over the weekend with a fluff/human interest angle. Sorry, couldn't find it in their archives.

  98. Can this be used in court? by ishark · · Score: 2

    Folks, this is mostly an amusement patent. The inventor was a seven year old, and of course he's not the first to invent it. But his dad's a patent lawyer and wrote it up for him on a lark.

    Couldn't a patent of this type (or the cat one) be used as a defense in a patent-infringment case?
    I mean: you claim that whatever you infringed is obvious and use those examples to demonstrate that the the fact of being approved by the USPTO is in no way a guarantee of quality, inventiveness or anything. The idea is basically to kill the image of the USPTO as a reliable source and thus undermine every patent issued.

    1. Re:Can this be used in court? by Artagel · · Score: 2

      No, it won't help the defense.

      First, there is a statute that says that if a patent issues, it is presumed valid absent clear and convincing evidence.

      Second, even non-patent federal employees mess up. No federal judge is going to let one egg inspector's mess up be used to challenge the whole egg inspection regime. That patent office's mistakes are going to be treated as just one more type of mistake something as big as the U.S. government makes.

      Third, the USPTO at least isn't biased. Juries are confronted by two parties, each of which has an intense financial interest in the outcome, who hire high-priced experts to put forth their positions. What the perhaps imperfect, but not economically interested, patent examiner did does carry weight with them.

  99. Re:With this in mind maybe i could be granted my i by ComaVN · · Score: 1

    I claim prior art.

    Furthermore, I have a method to expand the range to anything from 1/2 Hz up to 6Hz.

    --
    Be wary of any facts that confirm your opinion.
  100. Good by Anonymous Coward · · Score: 0

    At last will I dare swing with the swingers in my neighborhood. I have always felt incompetent at this art and now feel assured that this patent will make me and my wife better swingers.

  101. Should I laugh my ass off? Or cry? by fire-eyes · · Score: 1

    Oh my GOD this is FUNNY!!

    Wait, no it isn't.

    Yes it is! HAHA!

    Er no! It's lame shit like this that makes the US government the laughing stock of the world! At least this isn't harmful .. (or is it?).

    HAHA.

    --
    -- Note: If you don't agree with me, don't bother replying. I won't read it.
  102. Re:Obvious to person of ordinary ability in the fi by Anonymous Coward · · Score: 0

    Heck did that, spun around on the swing, jumped off a swing (and hit a tree)

  103. Write your Congressperson by vulgrin · · Score: 2, Interesting

    Here is my letter which I sent this morning:

    Rep. Morella:

    I am writing today with further concern of regarding the U.S. Patent Office. The U.S. Patent Office and its antiquated practices are working against the very purpose it was created for, furthering American innovation and invention. Instead, in recent years, it has shown that it cannot keep up with the rapidly growing pace of technology and has not been applying proper standards to evaluating prior art. There have been several cases over the past five years where patents that are harmful to my industry, the Internet, and the technology industry have been granted. These patents, which have ample prior art, only induce frivolous lawsuits and draw my industry into the quagmire of costly legal debate, not to protect the rights of inventors, but to further corporate coffers.

    The reason that I write today is because a frivolous, non-technology patent was granted on April 9th. Patent 6,368,227 was granted for "Method of swinging on a swing", and describes a method in which a person swinging on a playground swing could swing sideways. This patent is the best indicator that the U.S. Patent Office needs serious review.

    I call upon you to investigate this matter further, and if the investigation warrants, bring this topic up for debate within the House of Representatives. It is time that we begin to fix those areas of Government that are not performing their prescribed duty and return them to working for the people again.

    --
    I sig, therefore I am.
    1. Re:Write your Congressperson by NOCRic · · Score: 1

      Good letter. I wrote one to my members of Congress this morning, too. Either it's a real patent and should be the catalyst for investigation or it's the sign of a compromised web server, IMHO.

  104. heh by lothix · · Score: 1

    It was probably a joke.

  105. Moderation changes. by AftanGustur · · Score: 2


    I didn't think so. This patent stands.

    I propose a new moderation level for this type of posts: "Hillarious", it would cost 2 moderation points but only add +1 to the post's Score.

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    1. Re:Moderation changes. by Kerg · · Score: 3, Funny

      I have already patented that idea.

  106. You got spun by Perianwyr+Stormcrow · · Score: 2

    Didn't McDonalds do a fine job of spinning that case in their favor, even though they lost?

    Now everyone points to it as an example of frivolousness, although it is actually not the best exemplar of this phenomenon.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

    1. Re:You got spun by release7 · · Score: 1

      Don't jump to conclusions. Did I ever say I disagreed with the decision?

      --

      <a href="http://www.joblessjimmy.com">Work is dumb and so is Jobless Jimmy.</a>

  107. Uh-Oh! Copyright Infringement! by LittleGuy · · Score: 2, Funny

    The user may even choose to produce a Tarzan-type yell while swinging in the manner described, which more accurately replicates swinging on vines in a dense jungle forest. Actual jungle forestry is not required.

    If they don't get a C&D from one, they'll be hearing from another.

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  108. license? by Anonymous Coward · · Score: 1

    I wonder if this guy would license his invention to me in exchange for a license on my invention covering: "A fun and pleasurable method of oscillating the hand on the penis in a jerking motion."

    Seriously though he deserves major props for what looks like an expensive and clever-ass prank.

  109. Not a mad idea.. by AftanGustur · · Score: 5, Funny


    So does this mean the Patent Office now implicitly agrees that they think patents are silly, too?

    That just gave me an idea, issue a patent for approval that patents the process of patenting silly things.

    Either they will have to find prior art (there are tons but I doubt they have the balls to point them out), or grant the patent.

    And if they grant the patent, you can collect fees from anyone who 'infringes' on your invention.

    Voila, no more silly patents.

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    1. Re:Not a mad idea.. by Jester998 · · Score: 2

      The problem with this, of course, is that your would have to track down each and every infringement. With the number of silly patents out there, this might become your full-time job.

    2. Re:Not a mad idea.. by clone304 · · Score: 1


      Wouldn't work. They'd just file it as "obvious", since they do it everyday themselves. Then, they'd file their own patent on the process with slightly different wording, grant it to themselves and process as many silly applications as they could each day and charge each applicant an additional "silliness" fee on top of the standard registration fee.

      .

    3. Re:Not a mad idea.. by Desert+Raven · · Score: 1

      Well, Python had the Ministry of Silly Walks.

      I guess we've got the Ministry of Silly Patents.

      "I see, you'd like to patent inhaling a Flounder through your nose. Well, I think you need to work on that a bit, it's not really silly enough. Why don't you try singing an Italian opera while inhaling the flounder through one nostril, and blowing a herring out through the other?"

  110. A simple explanation, perhaps? by Anonymous Coward · · Score: 0

    There may be a simple explanation for this patent. Did you all notice that the patent attorney for this case also has the same last name as the applicant? Moreover, if you check the Patent Office's records, you will see that the patent attorney in this case works for 3M Corporation.

    Hmmm...

    Maybe a father had a son who had one of those middle school projects where the student is supposed to "invent" something patentable (I know, because I'm a patent attorney and my niece had one of those projects and my brother-in-law naturally turned to me for advice).

    Maybe Dad, who just happened to be a patent attorney, decided to take the time (and expense, even with the small entity fees) to write a patent application for his son. Maybe he even had an telephone Examiner interview to sweet talk the Examiner into letting a simple thing like this through because everyone involved (even the Examiner) "knew" that this patent would never really see the light of day. (I bet they thought no one would notice, led along get Slashdotted.)

    Hmmmm....

    Maybe this is all just an innocent thing that the patentee will never dare sue anyone over.

    Hmmmm....

    LegalEagle

  111. This is pathetic.... by John+Pfeiffer · · Score: 1

    How many more of these before the gov't decides to re-design the US patent system? I mean, this is SO incredibly funny, but at the same time, it's quite disturbing...

    --

    Friend: "The NIC is misconfigured..." Me: "No prob, I'll just telnet in and fix it." *Silence*
  112. Don't put this on slashdot. by MongooseCN · · Score: 2

    Mail this to CNN or some other news site that most Americans read. If the general public learns about this then there will be an outrage and changes may be made to the patent office. Any complaints slashdotters send in is only a fraction of a percent of the number of Americans out there.

    1. Re:Don't put this on slashdot. by Roblimo · · Score: 3, Informative

      Reporters from CNN, NYT, WSJ, and many other mainstream news media regularly scan Slashdot, Linux.com, NewsForge and other "niche" Web sites for story ideas. Posting something interesting (or silly) on Slashdot usually brings it to their attention just as effectively as emailing them about it. :)

      - Robin

    2. Re:Don't put this on slashdot. by Anonymous Coward · · Score: 0

      Talk about inflated sense of ego.

  113. How much you wanna bet Canadians modded this post by phunhippy · · Score: 2

    Moderation Totals: Troll=1, Redundant=1, Total=2.

    And probably this one too.... hell i found it funny

    Burning karma, just for shits and giggles....

  114. *cough* ahem... by Anonymous Coward · · Score: 0

    Did people noticed the dad spent quite a bit of money on a joke. Filing for a patent isn't all that cheap. At minimum, it would cost the dad 1K, including all the associated costs. That's a pretty nice computer system wasted on a joke patent.

  115. Twisting the ropes? by Lardmonster · · Score: 2, Funny

    OK, has anyone patented twisting the ropes a few dozen times, before lifting ones feet off the ground causing the user to twist very quickly in the opposite direction?

    (Thereby inducing dizzyness)

    And if not, should we club together and get this one? Might make a fortune ;-)

    --
    The more advanced the technology, the more open it is to primitive attack
  116. What can one do... by niftyeric · · Score: 1

    with a patent on a sideways swing? Force new films to cough up some cash for some kid in a movie swinging in a sideways manner without permission? Argh..

    --
    proton != antielectron
  117. I WROTE AN E-MAIL TO THE USPS. by Lord+Sauron · · Score: 2

    Here it is:

    To: usptoinfo@uspto.gov
    Subject: Patents
    Date: Tue, 16 Apr 2002 09:05:08 -0300

    Hi. I am a swing researcher, and in my advanced studies to find out how kids swing, I came to the conclusion that 99.38% +-0.62 of
    the average american kid has swong sideways, at least once in his lifetime. This study was conducted with careful observation of
    2.495.487 kids swinging, and took 10 years of my life.

    So I guess my research pretty much conflicts with patent # 6,368,227 (Olson April 9, 2002).

    Shall I publicize my findings ?

    Or can I be sued if I do so ?

    TIA.

    1. Re:I WROTE AN E-MAIL TO THE USPS. by Lord+Sauron · · Score: 2

      Errata: Above message title should be read USPTO instead of USPS. The rest of the message remains.

  118. Curses! by Greyfox · · Score: 3, Funny

    If only I had published my sideways swinging method in the New England Journal of Swinging 27 years ago, I would now have documented prior art! Curse you Steven Olson! Curse your cold black heart!

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  119. That is Funny Stuff by JMcJames · · Score: 1

    That Olson guys sounds like a man with a great sense of humor. I'll bet he'd give a great Slashdot interview.

    Slashdot readers should start patenting things, and we could vote on the most absurd patent that gets approved. It only counts if you announce your intentions before filing.

  120. As amusing as this is: by Gannoc · · Score: 2


    People will won't see this an example of general bad patent granting policies, they'll just see it as a mistake.

  121. Re:Sure, it's obvious. Now. by SpinyNorman · · Score: 5, Funny

    I'm hoping to obtain a patent for "Utilizing the methane producing capabilitites of sybiotic colonic microbes to produce sound pressure waves emitted from the anus modulated by sphinctal muscle control".

    This is my 1000th post! w00t!

  122. In That Case... by Greyfox · · Score: 2
    Why don't we just replace all existing patent clerks with a large number of trained monkeys who would be issued rubber "Patent Oked" stamps. You could probably replace all patent clerks with a comparable number of monkeys for less than the price of a single patent clerk, and we'd have an exact duplicate of our existing system; every patent to go through the office would get accepted and the court system will be bound to figure out which ones are valid and which aren't.

    I think the monkeys would actually do a better job. Many of these patents would insult the patent monkey's intelligence.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:In That Case... by Pig+Hogger · · Score: 2
      Why don't we just replace all existing patent clerks with a large number of trained monkeys who would be issued rubber "Patent Oked" stamps. You could probably replace all patent clerks with a comparable number of monkeys for less than the price of a single patent clerk, and we'd have an exact duplicate of our existing system; every patent to go through the office would get accepted and the court system will be bound to figure out which ones are valid and which aren't.
      Better yet, just take an infinite number of monkeys, each of them provided with a CAD workstation. In a infinite amount of time, they will produce *ALL* the plans for what's been invented and what'll be invented in the future.
    2. Re:In That Case... by QuodEratDemonstratum · · Score: 1
      just take an infinite number of monkeys, each of them provided with a CAD workstation

      You'll probably have to reference this patent owned by Microsoft.

      Those test programs are commonly called "monkeys" due to the ways they act on the control items provided by an application. Analogous to a monkey randomly pounding the keys of a typewriter,
    3. Re:In That Case... by maxpublic · · Score: 4, Insightful

      Sometimes government workers, especially those lower down on the food chain, think that the system sucks too. And they will actively work to point out the flaws in such a fashion as to make it painfully obvious to even the most brain-dead of folks that something is wrong in Bureaucracy-Land.

      I can't imagine that the clerk who saw this wasnt' aware of the absurdity of the situation. No doubt he/she looked at it as the perfect opportunity to point out the silliness of current ip laws, especially in his now-incredibly-overworked office. And I'm sure that someone higher up the chain - a management type - is giving him shit about it.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
  123. Ooh! by Greyfox · · Score: 2
    Are you suggesting that we crapflood the patent office?

    I got dibs on the bubble sort!

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Ooh! by Lonath · · Score: 2

      I suggest that geeks get together and pool money to get hundreds if not thousands of broad software patents (which are trivial to come up with but expensive to get) and then deny their use to anyone else. Shut down the software industry and let the rest of the world blow by us software patent-free.

    2. Re:Ooh! by Cally · · Score: 2


      I suggest that geeks get together and pool money to get hundreds if not thousands of broad software patents (which are trivial to come up with but expensive to get) and then deny their use to anyone else. Shut down the software industry and let the rest of the world blow by us software patent-free.

      Yeah, that's what I'm suggesting, with the bonus that I'll get rich this way ;)

      Seriously, I know jack shit about the hows and wherefores of filing patents; apparently all one has to do here (A.N. major, well-known US-based software and services vendor) is write your idea up in a reasonably clear way, the lawyers take care of everything else - I wouldn't know where to start if I were to try this independently.
      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    3. Re:Ooh! by Lonath · · Score: 2

      But you can't get rich. You don't license anything, nor do you produce anything. You just have to sue people and make them stop doing things. So, the only way to make money would be by getting penalties for past infringements, then making them stop. They will always fight so you will have to pay a hell of a lot to win these battles. :P

  124. "Liscences available upon request" /. his mail! by Anonymous Coward · · Score: 0

    Sounds like we should /. the inventor.. EVERYONE send in requests for your Swingin liscence.. sure.. he may have a life now.. but with what we can do to web sites,.. hehehe.

    Maeryk

  125. You're very lonely... by Anonymous Coward · · Score: 0

    I'll bet 100 to 1, you never got dates in high school. I'll furthur wager, that as an adult, you never get a second date from the same woman.

    1. Re:You're very lonely... by Rowenio · · Score: 1

      I'd have to say to you what I said to the original poster (although to him I was using *irony*, I guess you americans don't quite get it). Surely you realised that I had detected the obvious irony in his remark. Some people eh? :D

    2. Re:You're very lonely... by hawk · · Score: 2
      >Surely you realised that I had detected the obvious irony in his remark.


      Here? on slashdot? I'll take your word for it, but the far more likely suggestion around here is cluelessness.


      slashdot, where even Meryl Streep fans can moderate (http://slashdot.org/comments.pl?sid=30557&cid=328 7704)


      :)


      hawk

  126. Some links to this guy. by ugen · · Score: 2, Interesting

    http://www.ipo.org/PTODay_99.htm - here the name of Peter L. Olson is mentioned. He seems to work for 3M. He makes presentation on prosecution issues - scary..:)

    http://www.micropat.com/og/ogn980210/patrequ.htm l
    He is again listed as attorney for 3M on adjudication of certain patent.

  127. Re:Sure, it's obvious. Now. by AndrewCox · · Score: 1

    Hey, if he patents masturbation instead, I think Kleenex will still see a drop in sales.

    --
    The Red Pill ... all I'm o
  128. Re:Sure, it's obvious. Now. by Stiletto · · Score: 1, Flamebait

    Excellent troll. You got all the way up to +5 thanks to the crack-smoking moderators. I salute you sir.

  129. Making money off this patent by e54748s · · Score: 1

    Here is the plan.
    Step 1: Call this guy and buy a License to use this patent.
    Step 2: Then forcefully slam yourself sideways into the tree.
    Step 3: Call injury attorney and wait for the checks to roll in.

    --
    There's no "i" in team but there is a "u" in slum.
  130. Re:Sure, it's obvious. Now. by ThePilgrim · · Score: 2

    The Patent clame is only for a swing attached by 2 chanes to a tree.

    So any one swinning on a metal framed swing, or a swing with more than 2 chaines, or a conection mecanism not comprising of a chain, will not be effected by this patent

    --
    Wouldn't it be nice if schools got all the money they wanted and the army had to hold jumble sales for guns
  131. And now... by slackergod · · Score: 1

    It's time for Uncle Bob's Patent Violation Madness!

    That's right...
    I'm going to sit in a swing, swing sideways,
    and entertain my cat with a laser pointer!
    And if he's not scared, I might even yell like Tarzan.

    Mr. Olson, you sir, are a genius.

  132. Litigation Target by fatman22 · · Score: 1

    Sometimes it's better not to take credit for something. The next time you or your kid gets hurt on a swing of this design, sue the patent holder.

  133. Ridiculous!! by blankmange · · Score: 1

    It is so unfortunate that the government would allow such a thing to happen. Patent a motion/movement? That's like trying to patent a specific walk or how to hail a taxi or even a dance step. How about a patent for 'the wave' that you see at sporting events? Just ridiculous. And we wonder about the quality of public servants....

    --
    ...we are from the government - we are here to help...
  134. What's the guy going to do... by Steve+Franklin · · Score: 1

    ...hang around school yards taking down names and addresses of anyone who swings sideways? They'd lock his sorry Butte up. The scary thing is that they let this guy patent a method of using something that already existed. Imagine patenting the method of turning your steering wheel in the direction of a skid in order to regain control of a vehicle. My mother used to use a big screwdriver like a chisel. Is this patentable? How about using a good steel ruler to scratch your own back? Or squeezing the wide sides of a tube of toothpaste to suck the excess back in? Patents on all of these ideas are not only not enforceable, anybody who tried to enforce them would be laughed out of court and possibly committed to a mental institution. That the government would even consider granting them reflects poorly on their collective grasp of reality. But then we already knew that. ;o)

    And generally it cheapens the whole value of a patent. Now, my grandfather's uncle patented a "crab-net frame" (#803160) in 1905. The crab-net had been around for quite awhile, especially in Maryland, and nobody in those days would have had the gall to try to patent it, even if there was no such patent in existence at the time. What he did do was invent a better way of attaching the hoop of the net to the handle, and this allowed him to advertize and sell a "patent crab-net" in conjunction with his other blacksmithing and boating-related products, which was a bit of an exaggeration but near enough to the truth. And one could certainly argue that his invention improved the lives of his fellow citizens, especially those engaged in crabbing on the Chesapeake Bay, and that he deserved to be protected from others who might use his invention to unfairly increase their own profits. But what, pray tell me, does this idiotic swinging patent do for anybody? And what possible financial gain could the "inventor" expect to obtain from it? Is he going to sue a movie-maker who shows someone doing it in a film? Like he's going to sue Dreamworks? Or is he going to manufacture swing sets that he will advertize as having the patented ability to swing sideways? Does he think anybody is going to fall for this? Gee, I wonder what the product safety folks would have to say about this.

    In the final analysis, somebody needs to teach these characters the meaning of the word "frivolous."

    --
    Hic iacet Arthurus, rex quondam rexque futurus.
    1. Re:What's the guy going to do... by david+duncan+scott · · Score: 2

      He's going to be the only kid in his gradeschool with a patent, that's what. It's a novelty, a vanity patent, if you will, the sort of gift that a patent attorney is almost uniquely qualified to give his son. I think it's kind of sweet, to tell you the truth, and I daresay he'll never attempt to enforce it. Perhaps he'll donate license to the children of the world or somesuch.

      --

      This next song is very sad. Please clap along. -- Robin Zander

  135. license? by qkwozz · · Score: 1

    im generally fine with the idea, although it IS a stupid one. I mean, the guy was probably playing an eloborate joke when he filed for the damn thing.

    but...

    what gets me is now if I want to swing on MY swing in MY backyard, i need to do this:

    "Licenses are available from the inventor upon request."

    I now need to pay for the ability to utilise a simple pendulum-like motion for my own enjoment.

  136. Re:Sure, it's obvious. Now. by Mononoke · · Score: 4, Funny
    ...I think Kleenex will still see a drop in sales.
    Don't you get it? It's those damn kids that are sharing kleenex that are causing the drop in sales.

    I'm sorry, but there's no justification for tissue piracy!

    --
    NetInfo connection failed for server 127.0.0.1/local
  137. Lawyers and Self-Perpetuation by inKubus · · Score: 2, Insightful

    I think lawyers (as well as computer scientists) are simply guilty of creating the system which they work with. Lawyers created the legal system in such a way to require lawyers. Computer scientists have created computer systems to require computer scientists. It's classic self-validation, self-preservation, self-ishness that drives the capitalist USSA.

    I think it's wonderful, because you create your own job. I just wish I knew more about law, because that is the fastest growing self-perpetuating system and is probably going to be a VERY good business to be in (it already is).

    Lawyers will tell you (and rightfully so) that as the world gets more complex, and the world population grows larger, the possibility of dispute increases accordingly. Of course, they neglect to mention the fact that they are the major cause of dispute..

    But, really, it's amazing that 6 or 7 billion people can all pretty much get along on one planet, and really, unfair stuff doesn't happen all that often. But, to remain on topic, it is pretty funny when a system we setup to be foolproof ends up making a fool of us all.

    I think this should be a lesson to all the judges out there: they need to take much more into consideration than just a patent application. And they do. If only they couldn't be bribed.

    --
    Cool! Amazing Toys.
    1. Re:Lawyers and Self-Perpetuation by brettper · · Score: 1

      But, really, it's amazing that 6 or 7 billion people can all pretty much get along on one planet, and really, unfair stuff doesn't happen all that often

      Cool! Which planet do you live on? I want to move there right away!!

  138. Re:Sure, it's obvious. Now. by Hard_Code · · Score: 2

    That reminds me, I have to patent the tire swing.

    --

    It's 10 PM. Do you know if you're un-American?
  139. Maybe a goof, but not just a goof. by Guido69 · · Score: 1

    First let me get this out up front - the acceptance of this claim for patent is absolutely ridiculous. Just further proof the USPTO is staffed by McFastFood reject applicants. Now maybe ya'll won't pummel me.

    I think the last paragraph sums up the application. "... the swinging method of the present invention may be referred to by the present inventor and his sister...". While it may be a goof, it sounds to me like a dad doing something nice for his kids.

    --
    - If we aren't supposed to eat animals, then why are they made out of meat? - Steven Wright
    1. Re:Maybe a goof, but not just a goof. by NOCRic · · Score: 1

      Making the application was certainly something nice for his kids. Maybe it was even a Civics lesson for them and I would applaud that if it was. Some 1st-hand interaction with areas of our government that most never think about can't be all bad, in this sense. No, the USPTO gets all the credit for the outrage. This was a ridiculous application on its face and should have been immediately declined.

  140. Use this as evidence with your legislators by An+El+Haqq · · Score: 1

    Look, the topic of the inadequacy of the patent office has been brought up on Slashdot several, several times. Now there is incontrovertible proof that the USPTO is incompetent. Why not use this patent as an example in a plea to your legislators to reexamine the methods of patent granting in the United States?

    Sen X may not understand the ridiculous nature of One-Click Shopping, but she's bound to know that Sideways Swinging should never have been approved.

    Instead of gawking at the absurdity, use it.

    AEH

    1. Re:Use this as evidence with your legislators by NOCRic · · Score: 1

      I did just that this morning and I strongly recommend to all the rest of /. to do the same. It doesn't take many letters for members of Congress to sit up and take notice.

  141. Gift certificates by jailbreakist · · Score: 1

    I have an idea. Why don't we get all of the patent holders in America to sign their patents over to the government in the form of a gift certificate? It would benefit the public good, after all.

    That way, nobody will want to invent anything ever because they won't be allowed to enjoy the benefit of their hard work. And then we can stand in the middle of empty fields and wonder why our lives are miserable.

    1. Re:Gift certificates by Kredal · · Score: 1

      Sorry, I already patented "a method for standing in the middle of an empty field".

      Your idea would work, other than that.

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
  142. Hold on... by joel8x · · Score: 1

    Do patents work like trademarks, where if the holder of the patent does not defend it, he loses it?

    --
    Sound waves should be free!
    1. Re:Hold on... by borgheron · · Score: 1

      No, they do not. Once a patent is granted it is in effect either 20 years from the application date or 17 years from the date of grant, whichever is *longer*.

      While it is up to the patent holder to enforce the patent, they do *not* lose the right to the invention until the patent has expired.

      GJC

      --
      Gregory Casamento
      ## Chief Maintainer for GNUstep
  143. Re:Sure, it's obvious. Now. by You're+All+Wrong · · Score: 1

    However, /more/ money will be lost by kleenex if he patents using porn to cause arousal.

    YAWIAR.

    --
    Your head of state is a corrupt weasel, I hope you're happy.
  144. News Flash by Anonymous Coward · · Score: 0

    I've just been granted a patent for "being human".

    Anyone who claims to be "human" now owes me royalties.

  145. Drug use must be heavy at the USPTO by mikethegeek · · Score: 2

    Do these moronic drones have ANY CAPACITY FOR THOUGHT?!! There has to be a century of prior art on this, as in, ask any 6 year old kid.

    The only "innovation" here is in thinking to file for a patent. I guess these guys are going to go around suing playgrounds for royalties.

    If any of these idiots at the USPTO dare to cash their paychecks, they are comitting fraud. This madness has got to stop.

    --
    === The price of freedom is eternal vigilance
  146. hehe by Anonymous Coward · · Score: 0

    This sounds like somthing out of The Onion!!!
    (www.theonion.com)

  147. The problem is... by Ecyrd · · Score: 3, Insightful

    ...that the USPTO is not responsible for the patents it has granted. If they were responsible, then someone could sue them for issuing a bad patent. That would certainly get their attention.

    Hey, you issued those guys a bad patent, causing our company to go through a very expensive legal process. We are suing you for $25M damages and legal fees that we wouldn't have suffered if you hadn't screwed up.

  148. I just have a bad feeling about this... by guttentag · · Score: 2
    I'm imagining a group of children playing on the swings by the preschool I attended. One of them starts swinging in an oval-like pattern and the others catch on. No one notices the van with the tinted windows until it's too late.

    The rear doors of the van burst open and ATF agents stream out and into the playground, ringing the preschoolers with their automatic weapons at the ready. Little Tommy pees his pants.

    The preschoolers are handcuffed with zip ties and escorted solemnly back to the van to be shipped to Leavenworth, Kansas for 14 years of hard labor.

  149. Re:Sure, it's obvious. Now. by sallen · · Score: 2
    The Patent clame is only for a swing attached by 2 chanes to a tree.

    So any one swinning on a metal framed swing, or a swing with more than 2 chaines, or a conection mecanism not comprising of a chain, will not be effected by this patent


    However, I swung from a swing connected to a branch of a tree, originally connected with rope, later replaced by chain. This was done at my uncle's and I can claim prior are minimally back to the mid 1950's (that's the earliest I can remember being out at their place on the swing).


    What gets me is that this thing could even go through the patent process. Are the ones reviewing them so sheltered in their lives they never sat on a swing as a kid and went sideways? Even on a regular swing set with multiple swings it was done, one just ran into the swing next to it, but who cared. It also shows the lunacy of those who'd even attempt such a filing. There should be a 'frivilous filing' fine as there can be for frivilous legal suits.

  150. only chains? by Puppe · · Score: 1

    The patent is about using chains, so if i use ropes instead will i be affected?

  151. The Real Mastermind by WEFUNK · · Score: 1

    Unfortunately, I think the only mastermind was the attorney who wrote this up and submitted it as a joke. It may gotten through as an accident, as a statement, or through a sense of humour on the part of the examiner, but based on a bit of additional research I'm guessing that the attorney knew that he would have a pretty good shot at landing this patent without any extra help from the inside.

    Based on USPTO web site searches, the primary examiner listed on the patent appears to focus on toys, amusement devices (and methods), and decorative items such as jewellery. With increasing frequency (50 since October), he has been the primary examiner on nearly 700 patents over the past 5 or so years, and assistant examiner on about 300 prior to that. Seems pretty busy - anyone know how that compares to the average rate?

    Going through these search results gives a quick review of the patents in this area and to anyone over 6 years old or not otherwise "skilled in the art" of toys, many of these patents seems pretty funny. I'll leave it to someone else to pull out their favourites, but while I'm sure many of these are very legitimate for this particular area, a lot of these "amusement" or "ornamental" patents seem suspect from the get-go.

    I wouldn't be surprised if the attorney was aware of the types and numbers of patents in this area in particular and choose an amusement method not only because it would be silly, but also because he thought it would have a real chance to get through, based on the current practise and the workload of the examiners.

    While I wouldn't place the examiner as the likely mastermind behind this, I don't mean to single him out either. The attorney doesn't appear to have any past history with this examiner, and I bet it could have gotten past any number of others working in the same category.

    While I think this is really funny and "mostly harmless" (until someone references the scope of this one in their next patent), I think we can probably legitimately chalk up this patent as another symptom of an overworked and poorly designed patent system, and not simply the outcome of an inside joker or an office activist.

    --
    My next sig will be ready soon, but friends can beat the rush!
  152. Examiner Nguyen and other patents by Anonymous Coward · · Score: 0

    Well, it appears that this examiner (Nguyen, Kien T.) has been involved in the examination of other "swinging" related patents (see the RD Lawson Corporation web page). I suppose the sideways swinging patent, then, wasn't much of a stretch :)

    1. Re:Examiner Nguyen and other patents by Megabit · · Score: 1

      If they can afford their product website atticghost.com, they are probably laughing all the way to the bank.

      It looks like they are marketing the hell out of it. They just had another patent issued too.

      At least they believe in it!

  153. Wrong. by Irvu · · Score: 4, Informative
    The US code does not allow for "obvious" patents, such as this one. It also charges the USPTO with asessing the nature of the patents. Specifically, see U.S. Code Title 35 (Patent Law) Part 1 Chapter 1 Section 9:


    "The Commissioner may revise and maintain the classification by subject matter of United States letters patent, and such other patents and printed publications as may be necessary or practicable, for the purpose of determining with readiness and accuracy the novelty of inventions for which applications for patent are filed" [emphasis added.]


    See also Chapter 10 Patentability of Inventions. Or here for a summary.

    The interesting question is, did Olsen violate his oath in applying for this, or was he serious?
  154. The site's /.'ed ; will they think it's an attack? by jsled · · Score: 1

    You can just see some USPTO guys getting phone calls... "the site's not up!" "That's odd ... we must have been hacked!" "Where's all the traffic coming from?" "All over the net, but it's all referred from slash-dot-dot-org." "They must be some evil, anti-Microsoft, anti-IP ... anti-_American_ site, then. Call up the Dept of the Interior ... target the missiles for Slash dot dot org..."

    Then micros~1 invokes some provision in the CDBTSSPASSDMSSCA to classify the /.'ing as a "malicious effort to impair the public's access to microsoft-provided technology. Which will be true, because the USPTO was a) wholly purchased from the US gov't. and b) now only allows the download of WinPDFs ... PDF files that have transferred functionality previously in hardware to Windows ...

    And you though WinModems and WinWiFi were bad...

  155. professional negligence? by anthropomorphized · · Score: 2, Interesting
    IANAL BMSOISTBO (but my SO is studying to be one). Out of curiousity I recently studied a bit of her study materials, particularly the area of negligence in torts. I was specifically looking for information on whether or not a software engineer can be held professionally negligent (it seems they can't). Lawyers however CAN.

    I never got the patent law information but from my little inquiry, my limited understanding leads me to believe that this is a perfect case for negligence per se, which is when you don't actually have to prove negligence, it is just understood that the act is so blatantly negligent that you don't have to argue why the reasonable professional would not have performed said act (like amputating the wrong leg). However as somone else posted, it is possible the rules and restrictions of patent law protect the patent examiner in this case, and I am not sure who would be the appropriate party to bring a suit against this guy, but I would love to see someone try.

  156. oh, great.... by mikeee · · Score: 2, Funny

    I can see it now.

    "w00t! f1rst p4nt3nt!"

  157. How much will it cost? by SpotBug · · Score: 1


    Any word on license fees or where to get a license? It's such a nice day today. Argh! It's killing me! I want to try this out now!

    --
    cygnuhchur
  158. Next - Patents on Sex by Anonymous Coward · · Score: 0

    Think about it - Sideways HUMPING. Why not?

    1. Re:Next - Patents on Sex by Lonath · · Score: 2

      Seriously. If you have a person who's genetically engineered, they contain patented materials. Just as the seed industry (Monsanto?) sues farmers that save seeds for reuse, why not sue people for this? If they pass their genetic immunity to this disease to the next generation (without paying a royalty to the company), how will the poor widdle company make its money back? :P

  159. Why BT's old hyperlink patent should be enforced by DABANSHEE · · Score: 2

    That would force the govt/s to reform the patent registration process.

  160. Sun better watch out! by 4thAce · · Score: 1

    The Swing Connection ought to be careful in the future not to infringe on the author's sideways look and feel concept.

    --
    Inventor of the LOLbalrog meme.
  161. why no external pressure on the US? by Anonymous Coward · · Score: 0
    Bad patents, particulary trivial ones, are barries to entry for doing trade in the US. The US government is constantly putting pressure on foreign governments to allow the US to trade freely in their countries. Has anyone heard of non-US governments raising the issue of US patent absurdities as a barrier to entry in the US market? If not, they should. This would be an valid arguing point.

    Similar to Japan in some cases, perhaps our only hope to rectify this problem is through external pressure.

  162. Then Scandanavians must be REALLY stupid by Anonymous Coward · · Score: 0

    Look at the world of computing. FreeBSD and NetBSD are better than Linux. Mozilla is better than Opera. Hell, even IE is better than Opera. You guys can't even beat Microsoft!

  163. It covers ropes too by Anonymous Coward · · Score: 0

    good thing my childhood tire swing was suspended by rope since his method only patents suspension by chains

    Wrong. Ropes are covered too.

  164. Prior Art by Krieger · · Score: 3, Informative

    The prior art and other patents listed are actually interesting. One is for an original swing, and another is for an indoor swing. Both have relatively lengthy prior art sections as well. Interesting reading.

    I think where the patent office went wrong was that they started allowing concepts to be patented. Inventions or processes are fine as there is a defineable method you go through to get a result. A specific engine, chemical process, etc. But allowing patents for a one-click shopping system? For swinging in a circle? How can they sign off on these things?

  165. This is why we need patents by Sloppy · · Score: 4, Funny

    Without the protection of a monopoly on their methods, children would not have a sufficient incentive to play. Imagine a world where the children do not play. That would be aweful. You don't hate children, do you?

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  166. The patent process is idiotic, not by ilmarin · · Score: 1


    the people who work at the patent office.

    Of course they let this through to make a point
    about the patent process itself. Obviously things
    have to be fixed from the outside.

  167. Cry for help? by Irvu · · Score: 2

    When a child acts out in stupid ways, possibly hurting themselves, it is often called a "cry for help." Perhaps this is just the final straw. Granting the 1-click patent was a call by the lowly clerks to give them better funding, better education and make the process more logical, we didn't listen.

    Then they went and ostensibly called for public comments and ignored the responses. Again, a classic cry for help; persisting in destructive behavior despite signs to stop.

    Now we have come to this, an official temper-tantrum on the part of the USPTO. You might sum it up as: "You won't give me what I need to do my job, FINE! I'm gonna patent Everything See how you like that!!!."

    Fellow Americans, fellow parents, of the poor neglected USPTO, it is time to listen to our child, and give them back the ability to do their damn job.

  168. Sideways swingers by Anonymous Coward · · Score: 0

    Don't all the Slashdot janitors swing sideways?

  169. This was posted on *Friday's* Good Morning SV by Anonymous Coward · · Score: 0

    Good Morning Silicon Valley (news blog by John Paczkowski) had this on Friday. Maybe they got it from somewhere else, but I doubt the original poster just came across this patent on his own.

    see http://www.siliconvalley.com/mld/siliconvalley/bus iness/columnists/gmsv/

    At least the original poster could attribute the source.

  170. Re:Sure, it's obvious. Now. by dar · · Score: 1

    The word you are looking for is irony. Sarcasm is more direct. Sarcasm: "What a sniveling twit." Irony: "Oh yeah, he's a genius".

    --
    My other Slashdot ID is much lower.
  171. Re:The inventor is a 7 year old (Weeee!) by computer_space · · Score: 1

    >But his dad's a patent lawyer and wrote it up for him on a lark. My Uncle is a DA in Washington, maybe I should get him to write me a new law or amend the constitution on a lark! Ha, Ha! Won't that be funny? I know, he can show me how you take away rights of minority groups and put them in "special" camps. Oh man, good times.

  172. News travels slowly by eples · · Score: 2



    This is abviously an April Fool's day joke that was so lame it took two weeks to surface.

    --
    I'm a 2000 man.
  173. Re:Sure, it's obvious. Now. by rworne · · Score: 2, Funny
    Besides, think of the lawsuits from Kleenex if you're invention catches on and results in a drop in tissue sales

    Please use trademark names properly to reduce trademark dilution. From now on, it's "Kleenex (R) brand facial tissues".

    Sincerely,

    Kimberly-Clark(R) Corporation

    (R) Registered trademark of Kimberly-Clark Corporation (C) 1938, 1986, 2000 KCC. All rights reserved

    --
    I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
  174. Get the facts: by Anonymous Coward · · Score: 0

    As heard on "Wait, Wait, Don't Tell Me" the NPR newsquiz show... Steven Olson is about 7 if i remember correctly and his father works at the Patent Office, and this patent is more or less educational "this is how you get a patent"... It sure didn't sound like they were going to go around playgrounds demanding royalties...

    1. Re:Get the facts: by NOCRic · · Score: 1

      You can teach a "how-to" on filling out forms without actually processing them and granting patents. This isn't someone handing out a little platic pair of pilot's wings to kid who fly - this is a real, live patent number with the force of law behind it. The fact that the applicant was 7 or that he has no intention of pressing the claim is irrelevant. At best, this makes for an annoyance and a public one at that. At worst, I'd be willing to go so far as to say someone in the USPTO abused his position. It's not like I can have MY daughter go ahead and fill out the forms and get her patent for folding her shirts listed with a real number for all the world to see. If what you say is true, then I agree no real harm was done, but I question the propriety of using a government office for your own personal schoolroom for your kids.

  175. Hope he's got deep pockets by Anonymous Coward · · Score: 0

    So now I finally know who to sue for when I got hurt doing this in second grade.

    I'm sure I can find some attorney out there who will agree with me on the inherent dangers in Mr. Olson's so-called "method".

  176. This patent does three things by hamjudo · · Score: 2
    1. Show junior what dad does at work all day.
    2. Point out that our patent system needs some reforms.
    3. Provides a lot of advertizing for Dad's business.
    I'm not sure what Dad intended at the start, but the last item is surely the most valuable to him now.
  177. "Gift" for his son? by Doco · · Score: 2, Interesting

    It looks like Peter Olson is a patent attorney for 3M (Which is based in St. Paul - the address in the patent) Look at these couple of documents that talk about a "Peter L Olson" First document and second document

    From the last paragraph of the patent it states "the present invention may be referred to by the present inventor and his sister as "Tarzan" swinging."

    I'm going to guess that Peter Olson is dad and he gave his son, Steven, a gift of his very own patent. A pretty cool hack of the patent system if you ask me. Also goes to show how screwed up the system is.

    A little poking at Mapquest and you can get a good aerial view the tree that inspired the patent as well.

  178. Re:Sure, it's obvious. Now. by r_j_prahad · · Score: 5, Funny

    Evidence of prior fart?

  179. it's funny, yet it's quite serious as well by z00r · · Score: 0
    This "swinging sideways" patent is as much about the skewed value system of the US PTO office as it is a joke.

    Should we really take it in such a light-hearted way that a person can patent a behavior (a process) which has indeed been published in numerous children's books and probably in Tarzan comics as well? It sounds funny, but when you consider the horendous track record of the PTO regarding software patents, it is really a very bad joke.

    Because really the issue is, they don't even look for prior art--which is their job--but instead bend over backwards to please corporations, which are the main patent applicants.

    The PTO is yet another example of a government agency which exists mainly to serve corporate interests.

    And that fact is not in the least bit funny. It's almost enough to make me anyway become a libertarian.

  180. PTO wasting others' time and money by Anonymous Coward · · Score: 0

    I have a legit submission that has been rejected and is in appeal. The examiner has found completely unrelated art and needed to be set straight with a response. The PTO is sticking to its assertions and saying that they don't have time to examine further clarifications. Yet the PTO fees are always submitted which PAY THEM FOR THAT TIME (they don't give you the money back).

    To find out that they are wasting their time on this sort of thing, it's no wonder that the average patent costs over $10,000 US. Its becoming VERY costly and difficult for small time "garage" inventors.

  181. MIRROR: Text from Patent (Site couldn't take ./ing by bobdole34 · · Score: 0

    United States Patent 6,368,227
    Olson April 9, 2002

    -------
    Method of swinging on a swing

    Abstract
    A method of swing on a swing is disclosed, in which a user positioned on a standard swing suspended by two chains from a substantially horizontal tree branch induces side to side motion by pulling alternately on one chain and then the other.

    -----
    Inventors: Olson; Steven (337 Otis Ave., St. Paul, MN 55104)
    Appl. No.: 715198
    Filed: November 17, 2000

    Current U.S. Class: 472/118
    Intern'l Class: A63G 009/00
    Field of Search: 472/118,119,120,121,122,123,125

    References Cited [Referenced By]

    U.S. Patent Documents
    242601 Jun., 1881 Clement 472/118.
    5413298 May., 1995 Perreault 248/228.

    Primary Examiner: Nguyen; Kien T.
    Attorney, Agent or Firm: Olson; Peter Lowell

    Claims

    I claim:

    1. A method of swinging on a swing, the method comprising the steps of:

    a) suspending a seat for supporting a user between only two chains that are hung from a tree branch;
    b) positioning a user on the seat so that the user is facing a direction perpendicular to the tree branch;
    c) having the user pull alternately on one chain to induce movement of the user and the swing toward one side, and then on the other chain to induce movement of the user and the swing toward the other side; and
    d) repeating step c) to create side-to-side swinging motion, relative to the user, that is parallel to the tree branch.

    2. The method of claim 1, wherein the method is practiced independently by the user to create the side-to-side motion from an initial dead stop.
    3. The method of claim 1, wherein the method further comprises the step of:
    e) inducing a component of forward and back motion into the swinging motion, resulting in a swinging path that is generally shaped as an oval.

    4. The method of claim 3, wherein the magnitude of the component of forward and back motion is less than the component of side-to-side motion.

    Description

    TECHNICAL FIELD

    The present invention relates to a method of swinging on a swing.

    BACKGROUND OF THE INVENTION

    A few basic types of swings have been around for generations. Perhaps the most common is one that includes a seat suspended between two ropes or chains that are hung from a tree branch or other substantially horizontal support. These swings are often found in side-by-side sets of two or three or more on, for example, a school playground.
    Young children often need help to climb onto a swing, and may need a push (sometimes even an "underdog" push) to begin swinging. Others may be able to begin the swinging movement on their own by pushing with their feet against the ground, and once moving may coordinate the motion of their legs and body in what may be called "pumping" to sustain the movement of the swing. When swinging in this manner, the user travels along a path as generally shown in the cross-section of FIG. 1. Another method of swinging on a swing involves twisting the seat around repeatedly so that the chains or ropes are wound in a double helix. When allowed to unwind, the swing spins quickly, which can be entertaining for the user.
    These methods of swinging on a swing, although of considerable interest to some people, can lose their appeal with age and experience. A new method of swinging on a swing would therefore represent an advance of great significance and value.
    SUMMARY OF THE INVENTION
    In accordance with one embodiment of the present invention, a method is provided for swinging on a swing. The swing comprises a seat for supporting a user that is suspended between two chains that are hung from a substantially horizontal tree branch. The method comprises the steps of: a) positioning a user on the seat; and b) having the user pull alternately on one chain to induce movement of the user and the swing toward one side, and then on the other chain to induce movement of the user and the swing toward the other side, to create side-to-side motion. In another embodiment of the invention, the swinging method may be practiced independently by the user to create the side-to-side motion from an initial dead stop. These and other features of the invention are described in greater detail below.

    BRIEF DESCRIPTION OF THE DRAWINGS

    FIG. 1 is a schematic top view of the swinging path of a swing used in accordance with conventional swinging methods.
    FIG. 2 is a front view of a swinging path of a swing used in accordance with one embodiment of the swinging method of the present invention.
    FIG. 3 is a schematic top view of a swinging path of a swing used in accordance with a second embodiment of the swinging method of the present invention.

    DETAILED DESCRIPTION OF THE INVENTION

    The present inventor has created, through experimentation on a standard swing, a new and improved method of swinging. The swing is of the type described above, in which a seat is suspended between two chains that are hung from a substantially horizontal tree branch. As is apparent to those of ordinary skill in the area of swinging, the chains could be replaced with ropes, cables, or the like, or the tree branch could be replaced with another substantially horizontal support such as a metal bar or pole.
    The standard swing should be a single swing that is suspended sufficiently far away from obstructions to make the practice of the inventive swinging method completely safe. That is, the swing should be suspended a sufficient distance away from the trunk of the tree from which it suspended, and from any other swing, building, support, overhead wire, or other obstruction or threat to safety that may be present.
    The standard method of swinging on a swing is defined by oscillatory motion of the swing and the user along an axis that is substantially perpendicular to the axis of the tree branch from which the swing is suspended. This "forward and back" movement has been known for generations, and is illustrated in FIG. 1. In contrast to the conventional method of swinging, the present inventor has discovered that much greater satisfaction can be obtained by alternately pulling on one chain to move the swing and the user toward that side, and then pulling on the other chain to move the swing and the user toward that side. This side-to-side oscillatory motion of the swing and the user is thus along an axis that is substantially parallel to the axis of the tree branch from which the swing is suspended, and is illustrated in FIG. 2. This side to side swinging method has the added benefit that it can be continued for long periods of time simply by alternately pulling on one chain and then the other. The importance of sufficient clearance between the swing and any obstructions or threats to the user's safety is apparent.
    The present inventor has discovered certain other improvements in the art of swinging on a swing, either or both of which can be used in conjunction with the swinging method described immediately above. The first is that the inventive swinging method can be initiated from a dead stop without pushing, and without the user having to contact the ground. That is, the user can climb onto the swing, and begin from an initial dead stop to pull first on one chain, and then on the other chain, alternately until the user and the swing have begun to swing side-to-side in accordance with the inventive swinging method described herein. This enables even young users to swing independently and joyously, which is of great benefit to all.
    Another improvement on the swinging method described above is the induction into the side-to-side swinging movement of a component of forward-and-back motion. That is, by skillful manipulation of the body, the present inventor has found it possible to add a relatively minor component of forward-and-back motion to the side-to-side swinging motion, resulting in a swinging path that is generally shaped like an oval, as is shown in FIG. 3. It is preferred that the magnitude of the forward-and back motion (shown in FIG. 3 as being along the Y axis) be less than the magnitude of the side-to side motion (shown in FIG. 3 as being along the X axis), so that the latter predominates. In this manner, the motion can be more easily continued simply by alternately pulling on one chain and then the other in the manner described.
    Lastly, it should be noted that because pulling alternately on one chain and then the other resembles in some measure the movements one would use to swing from vines in a dense jungle forest, the swinging method of the present invention may be referred to by the present inventor and his sister as "Tarzan" swinging. The user may even choose to produce a Tarzan-type yell while swinging in the manner described, which more accurately replicates swinging on vines in a dense jungle forest. Actual jungle forestry is not required.
    Licenses are available from the inventor upon request.

    --
    "Failure of Windows operating systems is extremely rare. If it happens, it is usually due to operating system file c
  182. I *really* hope he prosecutes infringers by Anonymous Coward · · Score: 0

    So if he has a patent on swinging sideways then anyone in the USA who wishes to swing sideways must first negotiate with him for permision.

    Imagine him hanging around playgrounds videoing kids willfully infringing on his ideas. He could drag them through the courts which would result in the exposure of the total failure of the US government to act responsibly in regard to intellectual property.

  183. Re:Patent granted on page widening! by RDskutter · · Score: 1

    You got it.
    Page widening posts don't affect Mozilla.

    I haven't tried Konq or Opera, but IE definitely supports page widening posts.

  184. Are you tired of obvious patents? by Deven · · Score: 4, Insightful

    If you're tired of obvious patents like this, then do something about it! This patent is a golden opportunity to shine some light on the disgrace that the patent office has become. This is a smoking gun!

    The computer industry suffers increasingly from bad patents being granted on obvious techniques which are far from novel. This trend is obvious to us, but not so clearcut to those outside the industry. An XOR cursor may be obvious to a programmer, but sounds quite novel and non-obvious to a layperson. This patent should be blatently obvious to anyone, including your elected representatives!

    Everyone who reads Slashdot and hates to see obvious patents should print out this patent, schedule a face-to-face meeting with their elected representatives, show them this ridiculous patent and use it to drive home the point we've been trying to make for years -- that the patent office is out of control and completely ignoring the "novel and non-obvious" standards that the law sets before patent protection is warranted. If enough of us do this, Congress might actually get the hint and start taking patent reform seriously. And this patent doesn't require them to take our word for it; they can see for themselves how absurd this patent is! It doesn't matter if this patent was requested as a lark; it was granted and has the full force of law behind it.

    We need Congress to be outraged about this patent as an example of the corruption in the system. Whether or not this particular patent could or would ever be enforced is irrelevant; if patents are granted on obvious methods, it harms the public interest by granting a legal monopoly on the obvious. That impedes progress and economic growth, endangers companies and jobs, and erodes public trust and confidence in the government -- all things that Congress ought to care about...

    --

    Deven

    "Simple things should be simple, and complex things should be possible." - Alan Kay

    1. Re:Are you tired of obvious patents? by waltc · · Score: 1

      What the patent office should only be doing anyway, IMHO, is patenting specifics. Here's what I mean:

      Instead of granting patents this way:

      "A device which does this sort of thing and that sort of thing...."

      a true patent should consist of:

      "The following schematic for [said] device is hereby patented."

      This would allow companies to share equally among general ideas, restricting their "ownership" of the idea itself to the bounds of the actual and particular engineering schematics by which the device is manufactured. Ergo, as many companies as would like can make a wheel, whereas the companies themselves may make ownership claims only to wheels of a specific type, wheels which correspond *exactly* to the design schematics enclosed with the patents.

      The patenting of general concepts, regardless of how "technical" and specific they may sound to the layman, has always been a very poor idea, and could only have been thought up by the forerunner of today's "modern" patent lawyer.

    2. Re:Are you tired of obvious patents? by ProfBooty · · Score: 1

      so what you are saying is that someone comes up with a device that preforms the same function, but uses 2 2k resitors in series instead of a 4k resistor its deserving of a patent?

      Patents are for novel ideas, not a specific product.

      --
      Bring back the old version of slashdot.
  185. Re:Sure, it's obvious. Now. by h4x0r-3l337 · · Score: 1

    However, this is not in the CLAIMS of the patent, and therefore the patent is ONLY valid for a swing that is suspended by chains from a treebranch. In addition, the treebranch should be substantially horizontal. This patent is (purposely?) very narrow. It is clear to me that this patent was filed as a joke, and/or to show that the USPTO is really not up to the task of reviewing the patents that it receives. Maybe if we get enough "drops" like this, the bucket will finally overflow, and the whole patent-system will be reviewed and restructured.

  186. Re:Sure, it's obvious. Now. by jimmcq · · Score: 1

    I'm hoping to obtain a patent for "Utilizing the methane producing capabilitites of sybiotic colonic microbes to produce sound pressure waves emitted from the anus modulated by sphinctal muscle control".

    If that ever goes to trial would someone need to demonstrate their "prior art" before the judge?

  187. Re:Sure, it's obvious. Now. by Technician · · Score: 2

    Sorry, I think you're gonna have to pay up
    When I pay up, it will be proof positive of prior art. I graduated HS in the '70's and haven't done much on a swing set since.

    --
    The truth shall set you free!
  188. metal framework swings exempt?? by amigabill · · Score: 1

    > A method of swing on a swing is disclosed, in which a user positioned on a standard swing > suspended by two chains from a substantially horizontal tree branch induces side to side motion > by pulling alternately on one chain and then the other. Whew... All my childhood swinging activities, which included side to side, diagonal, elliptical, etc. motions was done with a swing suspended by two chains from a man-made metal framework, so I guess I'm safe. If/when I have kids someday, they're going to be using similar metal-framework swingsets so that I won't get sued then either. Hmmm, if he can do this, perhaps I should get some patents, like arranging grains of sand using plastic containters as molds to form a castle shape, arranging small pieces of plastic using some form of adhesive to generate the shapes of cars, airplanes, etc. and then patent the act of standing underneath something which is impervious to water (perhaps someone will name this device a "roof"), as a method of staying dry during a period of time when small droplets of water are falling from the sky.

  189. Why it's upsetting by Anonymous Coward · · Score: 1, Insightful
    Sure, it's a joke on the inventor's part. But the USPTO granted the patent. Here's what's upsetting: they apply the same lack of standards to other fields.

    There are an awful lot of computer programming patents that, to any competent programmer, are as obvious and silly as this. But since it's outside of most people's expertise, it's impossible to argue that fact to non-programmers, and the patent-holder gets away with statements about protecting all the hard work that went into their intellectual property.

  190. How to fight these things. by geekoid · · Score: 2

    from USPTO corrections page:

    "Any person may file a request for reexamination of a patent, along with the required fee, on the basis of prior art consisting of patents or printed publications. At the conclusion of the reexamination proceedings, a certificate setting forth the results of the reexamination proceeding is issued."

    from there fees page:
    147 1.20(c)(1) Request for ex parte reexamination 2,520.00
    099 1.20(c)(2) Request for inter partes reexamination 8,800.00

    it is sad that getting a re-examination is about 10 times more expensive then filing a claim.

    I wonder what the Bars official view is a lawyers who waste texpayer money, file something they know can't hold up in court is?

    going to have to find out.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:How to fight these things. by Anonymous Coward · · Score: 0

      The USPTO is not funded by your taxes. It is funded by fees from applicants, in fact the fees went up this year in part to pay for the war effort(this is no joke, but at least this time the USPTO got to keep part of the funds too).

      Your tax dollars aren't being wasted at all

  191. Re:Sure, it's obvious. Now. by the_consumer · · Score: 1

    Nope. Sarcasm assumes irony. Check the definition. Calling someone a sniveling twit is only sarcastic if you have a high opinion of them, but they prefer that you didn't, which is a farly rare situation, I would guess.

    --
    "If you're thinking what I'm thinking, you're right." -
  192. If anyone is interested... by IamLarryboy · · Score: 1

    If you would like to discuss this patent with the inventor or the attorney I believe you can do so with this number.

    Olson, Peter L
    337 Otis Ave
    Saint Paul, MN 55104
    651-645-2251

  193. You know what's more likely? by thesurfaces.net · · Score: 1

    Some intern at the PTO thought it was funny and decided to pass it...

    --

    http://www.blitzbasic.com/
    Graphics3D 640, 480

  194. Here is the text of the patent by Anonymous Coward · · Score: 0

    I had a hard time getting through, so here it is:

    United States Patent 6,368,227
    Olson April 9, 2002
    Method of swinging on a swing

    Abstract

    A method of swing on a swing is disclosed, in which a user positioned on a standard swing suspended by two chains from a substantially horizontal tree branch induces side to side motion by pulling alternately on one chain and then the other.
    Inventors: Olson; Steven (337 Otis Ave., St. Paul, MN 55104)
    Appl. No.: 715198
    Filed: November 17, 2000

    Current U.S. Class: 472/118
    Intern'l Class: A63G 009/00
    Field of Search: 472/118,119,120,121,122,123,125
    References Cited [Referenced By]
    U.S. Patent Documents
    242601 Jun., 1881 Clement 472/118.
    5413298 May., 1995 Perreault 248/228.

    Primary Examiner: Nguyen; Kien T.
    Attorney, Agent or Firm: Olson; Peter Lowell
    Claims

    I claim:

    1. A method of swinging on a swing, the method comprising the steps of:

    a) suspending a seat for supporting a user between only two chains that are hung from a tree branch;

    b) positioning a user on the seat so that the user is facing a direction perpendicular to the tree branch;

    c) having the user pull alternately on one chain to induce movement of the user and the swing toward one side, and then on the other chain to induce movement of the user and the swing toward the other side; and

    d) repeating step c) to create side-to-side swinging motion, relative to the user, that is parallel to the tree branch.

    2. The method of claim 1, wherein the method is practiced independently by the user to create the side-to-side motion from an initial dead stop.

    3. The method of claim 1, wherein the method further comprises the step of:

    e) inducing a component of forward and back motion into the swinging motion, resulting in a swinging path that is generally shaped as an oval.

    4. The method of claim 3, wherein the magnitude of the component of forward and back motion is less than the component of side-to-side motion.
    Description

    TECHNICAL FIELD

    The present invention relates to a method of swinging on a swing.

    BACKGROUND OF THE INVENTION

    A few basic types of swings have been around for generations. Perhaps the most common is one that includes a seat suspended between two ropes or chains that are hung from a tree branch or other substantially horizontal support. These swings are often found in side-by-side sets of two or three or more on, for example, a school playground.

    Young children often need help to climb onto a swing, and may need a push (sometimes even an "underdog" push) to begin swinging. Others may be able to begin the swinging movement on their own by pushing with their feet against the ground, and once moving may coordinate the motion of their legs and body in what may be called "pumping" to sustain the movement of the swing. When swinging in this manner, the user travels along a path as generally shown in the cross-section of FIG. 1. Another method of swinging on a swing involves twisting the seat around repeatedly so that the chains or ropes are wound in a double helix. When allowed to unwind, the swing spins quickly, which can be entertaining for the user.

    These methods of swinging on a swing, although of considerable interest to some people, can lose their appeal with age and experience. A new method of swinging on a swing would therefore represent an advance of great significance and value.

    SUMMARY OF THE INVENTION

    In accordance with one embodiment of the present invention, a method is provided for swinging on a swing. The swing comprises a seat for supporting a user that is suspended between two chains that are hung from a substantially horizontal tree branch. The method comprises the steps of: a) positioning a user on the seat; and b) having the user pull alternately on one chain to induce movement of the user and the swing toward one side, and then on the other chain to induce movement of the user and the swing toward the other side, to create side-to-side motion. In another embodiment of the invention, the swinging method may be practiced independently by the user to create the side-to-side motion from an initial dead stop. These and other features of the invention are described in greater detail below.

    BRIEF DESCRIPTION OF THE DRAWINGS

    FIG. 1 is a schematic top view of the swinging path of a swing used in accordance with conventional swinging methods.

    FIG. 2 is a front view of a swinging path of a swing used in accordance with one embodiment of the swinging method of the present invention.

    FIG. 3 is a schematic top view of a swinging path of a swing used in accordance with a second embodiment of the swinging method of the present invention.

    DETAILED DESCRIPTION OF THE INVENTION

    The present inventor has created, through experimentation on a standard swing, a new and improved method of swinging. The swing is of the type described above, in which a seat is suspended between two chains that are hung from a substantially horizontal tree branch. As is apparent to those of ordinary skill in the area of swinging, the chains could be replaced with ropes, cables, or the like, or the tree branch could be replaced with another substantially horizontal support such as a metal bar or pole.

    The standard swing should be a single swing that is suspended sufficiently far away from obstructions to make the practice of the inventive swinging method completely safe. That is, the swing should be suspended a sufficient distance away from the trunk of the tree from which it suspended, and from any other swing, building, support, overhead wire, or other obstruction or threat to safety that may be present.

    The standard method of swinging on a swing is defined by oscillatory motion of the swing and the user along an axis that is substantially perpendicular to the axis of the tree branch from which the swing is suspended. This "forward and back" movement has been known for generations, and is illustrated in FIG. 1. In contrast to the conventional method of swinging, the present inventor has discovered that much greater satisfaction can be obtained by alternately pulling on one chain to move the swing and the user toward that side, and then pulling on the other chain to move the swing and the user toward that side. This side-to-side oscillatory motion of the swing and the user is thus along an axis that is substantially parallel to the axis of the tree branch from which the swing is suspended, and is illustrated in FIG. 2. This side to side swinging method has the added benefit that it can be continued for long periods of time simply by alternately pulling on one chain and then the other. The importance of sufficient clearance between the swing and any obstructions or threats to the user's safety is apparent.

    The present inventor has discovered certain other improvements in the art of swinging on a swing, either or both of which can be used in conjunction with the swinging method described immediately above. The first is that the inventive swinging method can be initiated from a dead stop without pushing, and without the user having to contact the ground. That is, the user can climb onto the swing, and begin from an initial dead stop to pull first on one chain, and then on the other chain, alternately until the user and the swing have begun to swing side-to-side in accordance with the inventive swinging method described herein. This enables even young users to swing independently and joyously, which is of great benefit to all.

    Another improvement on the swinging method described above is the induction into the side-to-side swinging movement of a component of forward-and-back motion. That is, by skillful manipulation of the body, the present inventor has found it possible to add a relatively minor component of forward-and-back motion to the side-to-side swinging motion, resulting in a swinging path that is generally shaped like an oval, as is shown in FIG. 3. It is preferred that the magnitude of the forward-and back motion (shown in FIG. 3 as being along the Y axis) be less than the magnitude of the side-to side motion (shown in FIG. 3 as being along the X axis), so that the latter predominates. In this manner, the motion can be more easily continued simply by alternately pulling on one chain and then the other in the manner described.

    Lastly, it should be noted that because pulling alternately on one chain and then the other resembles in some measure the movements one would use to swing from vines in a dense jungle forest, the swinging method of the present invention may be referred to by the present inventor and his sister as "Tarzan" swinging. The user may even choose to produce a Tarzan-type yell while swinging in the manner described, which more accurately replicates swinging on vines in a dense jungle forest. Actual jungle forestry is not required.

    Licenses are available from the inventor upon request.

    * * * * *

  195. Oval? An Oval? by Webmoth · · Score: 2

    Wow. This is revolutionary. The gentleman receiving the patent has developed a way to cause a pendulum to travel in an oval orbit as opposed to the more common elliptical orbit.

    An oval is, of course, asymmetric about the "short" axis (just like an egg) whereas an ellipse is symmetric about both axes.

    --
    Give me my freedom, and I'll take care of my own security, thank you.
  196. my own patents by phlegmofdiscontent · · Score: 1

    Just you wait. My patent for affixing a rope to a tire and then suspending it from a tree will soon be accepted by the Patent Office. Then, I'll let the royalties start rolling in.

  197. Dang, what's next.. by Anonymous Coward · · Score: 0

    I suppose they will soon patent my patterns of oral sex. My GF will be crushed.

    "Sorry honey."

  198. Hey Junior, that's Gonna Cost Ya by alexander.morgan · · Score: 2, Funny

    That's great, I can already see the headline stories:

    "Boy, 8 years of age, sent to prison for 30 years to life, for infringing on patent for the third time."

    "Six year old girl agrees to pay two gummy bears, one red, one green, to settle patent infringement claims..."

  199. Primary Examiner: Nguyen; Kien T. by FatHogByTheAss · · Score: 1

    Obviously, Kien Nguyen is an incompetent boobie, and aught to be fired as quickly as his fat supervisor will allow.

    --

    --
    You sure got a purty mouth...

    1. Re:Primary Examiner: Nguyen; Kien T. by IAmSancho · · Score: 1

      Give him a break. They probably haven't yet discovered this innovative method of swinging wherever he comes from. (Maybe they just swing forwards and backwards in Taiwan.)

      --
      -------------------------

      Stupid people suck.

  200. I wonder by vinnythenose · · Score: 2

    I wonder if I can patent putting your pants on one leg at a time... then I just need to copyright the phrase and I'll be set for life!

    --
    --- I used to moderate, then I read the -1 articles and decided having to filter through them was not worth it.
  201. Why are taxes paying for some kids amusement? by Kwil · · Score: 2

    How nice. So the tax-payer is now the one responsible for paying for the various overhead that such an "amusement" patent generates.

    Coming as this does at tax-time, my "amusement" threshold is rather low.

    --

    That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

  202. OMG... by nowt · · Score: 2
    They even cite "underdoggies"!


    Young children often need help to climb onto a swing, and may need a push (sometimes even an "underdog" push) to begin swinging


    Nice to know the USPTO will still permit the unlicensed use of underdoggies for my 2-year-old!

    --
    A strange game. The only winning move is not to play. How about a nice game of chess? - Joshua (Wargames)
  203. A new precedent? by P.+Legba · · Score: 1

    Maybe if we all inundate the USPTO with stupid crap like this, they won't have time to get to the truly scary stuff entities like Microsoft are trying to use them to do.

    P.

  204. Re:Sure, it's obvious. Now. by Stonan · · Score: 0

    Either your brains are up your ass or your IQ is the same as your score (5). You want prior art or obviousness?

    Go to your local playground (if you haven't been banned from having contact with children) and take a look at what goes on for the day!

    With stupid patents like this (and the inevitable lawsuits that will follow) the US should stagnate or destroy their economy in a few decades.

    'Fall of the Roman Empire, 21 century style'

    --
    The GEEK shall inherit the earth...
  205. Park Time by Entropy_ajb · · Score: 1

    So, who wants to come down to the park with me and round some of the patent infringing scoundrels up?

  206. You've all missed the point by Anonymous Coward · · Score: 0

    (posted by subv3rsiv3 - damn password will not show up)
    This would be an excellent way to stick it to Micro$haft. Find some part of their "software tech" that they were too lazy or too rushed to patent, then go get it for yourself, then give it to the FSF or EFF. Imagine the royalties to be gained if Micro$haft had to start shelling out money on hundreds of these "trival patents". On the flip side, if Micro$shaft goes to court to disprove the patent through prior art, then they have effectively invalidated any future claims to the patent (because it is now prior art!) Either way, THEY LOOSE. WE (the public) WIN.

    This is EXACTLY the kind of "Public Patent" that we need, which works in the exact opposite of the current corporate "patent it so we can eventually sue them" thinking. To top it off, let the FSF or the EFF provide royalty-free licenses for the life of the patent - in effect, making it a public technology!

    1. Re:You've all missed the point by waltc · · Score: 1

      While we're at it, we can also do the same with SUN, Apple, Intel, IBM, and--you name it! Golly, if all of us get together we can invalidate the patent system even moreso than it already is! [not]

  207. I'll get a patent by WebMasterJoe · · Score: 2

    I want to patent kicking this guy's ass for doing something this stupid. Prior art, anybody?

    --
    I really hate signatures, but go to my website.
  208. my new patent application by kiley · · Score: 1

    I think I am going to patent jacking off with an opposite hand. That way I can charge all you guys one dead kitten each time.

  209. Interesting bit on the Patent Lawyer by Sasquatch666 · · Score: 1

    Anyone else notice this? The owner of the patent is one Olson; Steven. The Attorney/Agent/Firm is one Olson; Peter Lowell. You don't need to hire a lawyer as long as you're related to one ;-)

  210. Patent Granted on Sideways Swinging by Anonymous Coward · · Score: 0

    Peter L. Olson
    Senior Intellectual Property Counsel
    Minnesota Mining and Manufacturing Company (Office of General Counsel)
    3M Center, P.O. Box 33428
    St. Paul, Minnesota 55133-3428
    (Ramsey Co.)
    Telephone: 651-733-3665
    Telecopier: 651-736-9469/737-2553
    Send Email: plolson4@mmm.com

    Responsibilities: Intellectual Property Law.

    Admitted: 1991, Minnesota; 1995, U.S. Supreme Court and U.S. Court of Appeals for the Federal Circuit; 1996, U.S. District Court, District of Minnesota; registered to practice before U.S. Patent and Trademark Office

    Law School: University of Minnesota, J.D., cum laude, 1991.

    College: University of Minnesota, B.S.M.E., 1988.

    Biography: Member, University of Minnesota Law Review, 1990-1991. Law Clerk to the Honorable Alvin A. Schall, U.S. Court of Appeals for the Federal Circuit, 1994-1995.

    Born: Minneapolis, Minnesota, January 15, 1965.

    ISLN: 901123679

    Web Site: http://www.3m.com

  211. Bah... by Anonymous Coward · · Score: 0

    I have VIDEO of myself and my friends doing that 10 years ago. I'd like to go down to the patent office and give someoen a swift kick in the pants. And also the guy who patented something that every child does given the chance. Is he going to sue 5-year-olds? Of course not!.... well, only in Texas. =P

  212. Re:Sure, it's obvious. Now. by Rowenio · · Score: 1

    True, I doubt I have a photo of it, but it's obviously a joke patent, so the patentee realises that it's something most people have done. The whole point of technology is that you are using things people have done before in new ways, else you'd be doing science.

  213. Recursive Patent Pending by JaguarsRevenge · · Score: 1

    So if I can figure a way to patent the patent process itself can I pantently prevent all future and pending patents??

  214. Could it be that this is a Ficticious record? by HitchHik · · Score: 1

    I know that some on-line database systems use ficticious records to prevent data theft. Could
    this be one of these cases? Did anyone verify the existance of this pattent from another source?

    --
    -- &&
  215. Joke by Cerebris · · Score: 1

    Has anyone considered the possibility that he filed for this patent to make an example of how stupid the patent office is? I know I've done stuff like this before, usually involving the grad students who "graded" my physics homework. It could be that Mr. Olsen finds this to be just as absurd as the rest of us.

    -Colin

  216. I'd Better Go Patent _My_ Childhood Invention... by Anonymous Coward · · Score: 0

    ...Nosepicking to the second pinkie knuckle.

  217. Re:Sure, it's obvious. Now. by TimMann · · Score: 1

    That paragraph doesn't matter, because the claims refer specifically to chains and tree branches and don't allow for any alternatives. For the patent to cover it, it has to be in the claims. The rest is essentially just commentary to clarify what the claims mean.

    IANAL! I do have one granted patent, though. :-)

  218. My Related Patent Application by Binky+The+Oracle · · Score: 2

    I guess it's now safe for me to disclose a patent-pending process I've developed for swing-powered flight. It involves the more traditional leg-pump forward/backward swinging, so I don't believe I'll owe any royalties on the side-swinging patent.

    My process can be performed at any stage of swinging, but maximum effectiveness is obtained when the chains or ropes become momentarily slack at the outer range of motion.

    At this point, the swing operator would reposition their arms so that their elbows are (and here's the important part) in front of the chains. Then at the edge of the forward motion arc, the operator uses his/her arms to lift up slightly of the swing and releases their grip on the chains/ropes. The forward momentum provides for a brief period of flight.

    I'm also working on an alternate means of forward propulsion that I've decided to call "skipping."

    --

    Slashdot comments... splitting hairs since 1997.

    1. Re:My Related Patent Application by Anonymous Coward · · Score: 0

      Yes, you'll probably give away the flying patent for free, but get rich off your other patent, "Method of impacting with the ground with acceleration of 9.8m/s^2"

  219. Well in that case... by MoneyT · · Score: 1

    I am about to fill out a apply for a patent on the method of applying for a patent through the US Patent Office. I shall document all the possible methods and ad in a clause to include variations on said methods. Reply to me now to be listed as a co-inventor.

    --
    T Money
    World Domination with a plastic spoon since 1984
  220. Sideways swinging considered harmful by Anonymous Coward · · Score: 0

    If my recollection is correct, sideways swinging almost always resulting in running into 1) the legs holding up and swing set and/or 2)the other swings, with or without passengers. As such, it was seen as behaviour to be thoroughly discouraged, not encouraged, in children. Perhaps this fruitloop is attempting to improve child safety by assessing a licensing fee on all children that swing sideways, thus discouraging them from engaging in this blatantly unsafe behaviour. Yeah, right... ;)

  221. The wheel then? by chris_7d0h · · Score: 1
    --
    In a society that believes in nothing, fear becomes the only agenda ~ Bill Durodié
  222. Re:Sure, it's obvious. Now. by pedro · · Score: 2

    You're right on, d00d. This HAS to be a joke.
    Any bets on if it'll turn up as a story on The Daily Show(tm)?

    --
    Brak: What's THAT?
    Thundercleese: A light switch.. of TOTAL DEVASTATION!
  223. Re:Sure, it's obvious. Now. by The_dev0 · · Score: 1

    Well, you definitely don't have a patent on a spellchecker, buddy!

    --
    Never fight naked, unless you're in prison...
  224. Re:Sure, it's obvious. Now. by Loligo · · Score: 2

    > It's those damn kids that are sharing kleenex
    >that are causing the drop in sales.

    It's not the drop in sales that concerns me, it's the spread of disease.

    Call for Kleenex exchange programs in your city NOW.

    -l

  225. Another patent proposal by Anonymous Coward · · Score: 0

    I patent the method of stimulation of the male fallus with the left hand. The method involves using the palm of the hand and 5 digits to move back and forth along the fallus in the the horizontal plane. The motion of movement is that of simple harmonic motion.

    It is possible that there is prior art with the right hand, but I patent the use of the left hand, as this still allows the use of a computer mouse with the right hand at the same time. Sreaming like Tarzan is optional.

  226. NPR Quiz Show. by lostchicken · · Score: 1

    This was a question on the NPR Quiz show "Wait, Wait, Don't Tell Me" last week.

    I thought the answer was false because I hadn't seen it on /.

    Oh well...

    --
    -twb
  227. USPTO DoS attack... by Shirloki · · Score: 1

    No, not over the internet, cause that's illegal. Just get a whole bunch of people to submit many, many patent requests every day. Since they're "understaffed" this would have the effect equivalent to a distributed DoS attack on a windoze95 box. Who's with me?

  228. Look out for the swing police at your local park! by Anonymous Coward · · Score: 0

    "Excuse me Sir, did I just see you push the child slightly to the side?"
    "Well just a little officer!"
    "Oh I SEE!, and did pay for it BEFORE you used it?"
    "Umm, ehhhhh,no...."
    "AHHHH, a THIEF!. Your under arrest buddy!, you are your mits are coming down to the station right now!
    "But what about my kid!"
    "Sir I think you had better consider more important issues at hand, like getting a lawyer!"
    *Parent quickly asseses the situation, (Swing + Kid - Fucked up patent/moronic law enforcement officer)
    "Ahhh Officer, ehhh, ummm, would'nt my child be considered an Acessory to the crime?"
    "My GOD!, your right!, ok KID!, your comin tooo!!!!.

    Now what was the point to me sitting here typing that in?. I have no fucking idea! It makes no sense. The patent makes no sense.

    I dub theee, the 'Chewbacca Patent'

  229. Mandatory Drug Testing by Tablizer · · Score: 1

    Mandatory drug testing for the patent reviewers! Gov workers have a tendancy to "drift" without some supervision.

    I wonder what else they patented under LSD?

  230. Re:Sure, it's obvious. Now. by Anonymous Coward · · Score: 0

    I'm hoping to obtain a patent for "Utilizing the methane producing capabilitites of sybiotic colonic microbes to produce sound pressure waves emitted from the anus modulated by sphinctal muscle control".

    I doubt it will be long before someone ass-erts a claim of prior fart.

  231. Great Idea by Greyfox · · Score: 2
    First thing you can set them to work on is the machine that lets you dispose of an infinite amount of monkey shit.

    No one who ever proposes the infinite number of monkeys solution ever stops to think about the monkey shit. Or how much banannas would set them back...

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  232. Why not sue the USPTO? by Anonymous Coward · · Score: 0

    It sounds like it's time for someone to sue the USPTO for shirking their legal duties. People who bring frivolous lawsuits can be punished; why not a government agency that grants frivolous patents?

  233. In defense of the Patent Office by SimCash · · Score: 1
    Sometimes the worst effect of a bad law is not the law itself, but rather the disrespect for the law in general that grows as a result of disrespect for the bad law.

    Government organizations suffer from this as well. The reputation of all government organizations suffer from the "Leno effect" when the late night shows ridicule the behavior of a bad government office. This is surely such an example.

    The Patent Office finding that swinging from a tree branch on two ropes/chains is patentable (2002, Patent #6,368,227, see appended text) is so unbelievable, so idiotic, and so blatently bad that just knowing that the beaurocractic beast is able to generate such stupidity makes be wonder if other government "truths" are also of any value. I think I'll start smoking and start driving a 1976 Plymouth Fury wagon with the big engine (4 m.p.g., contributes more global warming gases that the average 3rd world country burning rain forests to cook rats and monkeys).

    Apparently, the Patent Office standard operating procedure (S.O.P.) is to issue first, then let merit be determined based on subsequent challenges. Of course, this patent fails the challenge, but in the meantime the US Patent Office takes another publicity hit. Ironically, since the Patent Office is probably not involved in the litigation, this is possibly a cost-effective (for the taxpayers) way to handle patents, although it looks a lot like a W.P.A. for lawyers. By approving everything, the resulting litigation is between competing patent lawyers paid by private companies rather than between a private company and the US Patent Office.

    And, for a free market, the real problem is most certainly in the Fear, Uncertainty and Doubt (FUD) a letter from an organization claiming "we own a patent that covers your work" can cause in a development environment.

    It might appear that the solution lies in bringing the costs of undefenseable patents back to the patent holder, at least then they would do a reasonable "due-diligence" search against existing patents and prior art before they filed. As NewtonsLaw pointed out in the parent post, this might make patents too expensive for the little guy.

    Bottom line, a patent is like a copyright, and has no real value unless you can afford the lawyers to get your money out of infringers or can make money off the original work.

  234. um by Anonymous Coward · · Score: 0

    dude 95% of patents are rejected the first time around. EVERY PATENT IS READ.

    Try talking about something you know about instead of what you read off of slashdot.

    I am a patent examiner. if you want to read a funny patent, find one for thecoin operated ass kicking machine.