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Chip Firm Hit By 45-Year-Old Patent

JPMH writes "The Register is reporting that a Taiwanese chip foundry is being sued over two chemistry patents, one over 45 years old. The patents at issue were filed in 1957 and 1964, but are still in force because they were not granted until 1987 and 1992 respectively. The first patent, 4,702,808, details an apparatus and method for initiating chemical reactions by focusing "radiant energy, such as a laser" onto streams of particles. The second patent, 5,131,941 also details an apparatus and method for initiating chemical reactions, but this time radiation is used to provide the energy kick needed to get the compounds to interact."

375 comments

  1. With Friggin Laster Beams... by DASHSL0T · · Score: 4, Funny

    Dear Engineers,

    Somebody power up one of the lasers and aim at the plaintiff's attorneys.

    Thank you,
    Geeks for Tort Reform

    --
    Closing Windows. Opening Eyes.
    Linux-Universe

    --
    Freedom Is Universal
    Linux-Universe
    1. Re:With Friggin Laster Beams... by cshark · · Score: 1

      I noticed this oddball story this morning on the register. One thing I have to wonder, if it was such a great idea for a patent, why did it take so long to get a patent issued? Glitch, or curruptions?

      --

      This signature has Super Cow Powers

    2. Re:With Friggin Laster Beams... by Call+Me+Black+Cloud · · Score: 5, Insightful

      Why? The patents don't appear to be of the obvious "one-click shopping" type and the holders are initiating the action (rather than some company that bought the rights, a la PanIP). Clearly the work took a lot of research and specialized knowlegde, and the researchers were granted a patent for their work.

      Are you anti-patent in general or were you just exhibiting a typical slashdot knee-jerk response?

    3. Re:With Friggin Laster Beams... by DASHSL0T · · Score: 1

      I'm anti people without a sense of humor.

      Be careful or I will release the Fembots. Wait till you see their knee-jerks.
      --
      Closing Windows. Opening Eyes.
      Linux-Universe

      --
      Freedom Is Universal
      Linux-Universe
    4. Re:With Friggin Laster Beams... by Anonymous Coward · · Score: 2, Insightful

      Iniating chemical reactions using outside energy IS obvious today.

      LASER was a novelty in 60s but it isn't anymore. Patents should be valid for a certain period after their _filing_ date instead of issue date.

    5. Re:With Friggin Laster Beams... by nihilogos · · Score: 5, Insightful

      The idea would be obvious to a thoughtful undergraduate student. Actually *doing* it, on the other hand, is an impressive feat.

      That's what so frustrating about the US patent system. So many obvious ideas which require little though have been patented, and when someone puts an enormous amount of effort into actually *implementing* something they get sued. No frickin way did the engineers who built that particular part of the chip plant read that patent. And they get sued by someone who couldn't have implemented it in a million years.

      I read yesterday that when the physicist Richard Feynman was at Los Alamos working on the bomb he was approached by some government legal advisor who said that they should patent any ideas they might get. Feynman replied that couldn't possibly keep track of all the ideas that crossed his mind, let alone write patents on them. The legal beaver replied that "just let us know about them" so Feynman said "OK, how about a nuclear powered submarine, a nuclear rocket, a nuclear reactor ... ". A few weeks later the guy came back and said "Submarine is taken, but the rocket and some other ones are still free ... " I think someone eventually wrote up the "Nuclear Rocket" patent for him.

      Imagine that, someone had patented a nuclear powered submarine propulsion system before anyone had even exploded an atom bomb.

      The point is so many of these patents are granted to people who haven't implemented anything when all the work is in the implementation.

      --
      :wq
    6. Re:With Friggin Laster Beams... by silas_moeckel · · Score: 2, Insightful

      Because they used a loophole to keep there patents hovering and extend ther effective lifespan. It's a Legal loophole that nobody wants to close.

      --
      No sir I dont like it.
    7. Re:With Friggin Laster Beams... by Omnifarious · · Score: 4, Insightful

      Those are what as known as submarine patents. The entity getting the patent purposely manipulated the patent process so that the patents were granted long after the application was filed, giving an effective patent lifetime far in excess of that normally granted by the patent system.

      Patents should be granted from the date of filing, not the date of issue. Submarine patents are a nasty abuse of the system.

    8. Re:With Friggin Laster Beams... by phelddagrif · · Score: 1

      Puh-leese. Basically they patented the use of energy based cataylsts. That's a pretty broad and all-encompassing patent. Sure when it was filed 40 years ago it was pretty novel. But I would really have to question why they haven't been enforcing these sweeping patents since they were granted in the 80's? Why now, Why did they wait so long, are the coffers running low? What better way to get more, than to sue someone else with a ridiculous patent that blankets a large area.

      I'm seriously all for patents expiring in shorter periods of time, same thing with copyrights. I'm an artist, and I think it's great that I'll be able to benefit from my works during my life time, but do my grandchildren really need to have control of that work. Furthermore, do I really want them, the work will most likely be irrelavent, and I would rather someone else be able to use it for free..

    9. Re:With Friggin Laster Beams... by Call+Me+Black+Cloud · · Score: 0, Troll


      As long as they're topless, bring them on! Maybe you can get this chick to join your army...she sounds like a barrel of fun...

    10. Re:With Friggin Laster Beams... by Call+Me+Black+Cloud · · Score: 3, Informative


      It appears they didn't wait...it seems they've been fine tuning them for years (what, you didn't review the patents yourself?!?). From one of the patents:

      This is a continuation-in-part of Ser. No. 592,968 filed 3/23/84 now U.S. Pat. No. 4,666,678 and a continuation of Ser. No. 737,446 filed 10/29/76 which is a continuation of Ser. No. 05/165,445 filed 7/26/71, now abandoned and a continuation-in-part of Ser. No. 05/012,082 filed 2/17/70, now abandoned which is a continuation-in-part of Ser. No. 04/710,518 filed 3/5/68 now U.S. Pat. No. 3,566,645 which is a continuation-in-part of Ser. No. 04/501,395 filed 10/22/65 (now U.S. Pat. No. 3,371,404) which is a continuation-in-part of Ser. No. 03/668,561 filed 6/27/57 abandoned.

    11. Re:With Friggin Laster Beams... by drdale · · Score: 5, Informative

      Actually the way the Feynman story ends is pretty funny. The government advisor who had approached him got him to sign a contract selling his three patents to the government for $1 each; all of the other scientists signed the same contract. The government actually had no intention of actually paying the scientists any money; the $1 fee was just a legal formality. But Feynman insisted on getting his $3, and eventually the advisor paid him out of his own pocket. Feynman bought treats for all of the scientists with the money, and told them how he paid for it all. So then they all went to the advisor demanding their money!

      --
      This post is dedicated to all of those /.ers who do not dedicate their posts to themselves.
    12. Re:With Friggin Laster Beams... by e40 · · Score: 5, Insightful
      The idea would be obvious to a thoughtful undergraduate student. Actually *doing* it, on the other hand, is an impressive feat.

      Bingo! I've decided that the powers that be want to leave the patent system as is not because it fosters innovation, but because it feeds the American tendancy to want something for nothing (which is why Lotto is so popular here). What is (most) every American's dream? Strike it rich and retire, even though this means that if you are rich many other people will be poor. I'm no communist, but this strike it rich mentality is just absurd.

      I would like to live in a world where doing something is rewarded, rather than being the first to think of that something.

    13. Re:With Friggin Laster Beams... by Walt+Dismal · · Score: 1

      1) Lemelson is well known for his submarine patent tricks. I am pretty sure there is an example long ago in literature that counters his claim to invention. Popular Mechanics in the 50s I think had something like this.
      2) The use of focused and directed energy to initiate reactions PREDATES lasers well before Lemelson filed back in the 50s. In the past, some researchers used clamshell-shaped mirror enclosures which focused arc light onto small specific areas such as a tube running through the chamber to supply high local energy. When I worked for a company in Minnesota in the early 70s they had a whole division that made focusing enclosures for halogen lamps, for industrial use. I do not know if they were patented, but they predated wide use of lasers for tight energy sources

    14. Re:With Friggin Laster Beams... by afidel · · Score: 5, Informative

      More like common practive before 1997(?) when patent extensions were fixed, basically by revising a small part of your patent you could extend the filing deadline by 5(?) years each time, so by continuously modifying the patent you could put of granting of the application until the underlying technology was widespread and then go after people who in good faith believed they were using unencumbered technology. This is no longer possible because of reforms put in place specifically to stop this tactic, now a patent if valid from 1 year from the filing date with a one time extension of several years for patents in certain situations.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    15. Re:With Friggin Laster Beams... by dgulbran · · Score: 1

      The idea would be obvious to a thoughtful undergraduate student. Actually *doing* it, on the other hand, is an impressive feat.

      I don't think the idea would have been so obvious to an undergrad in *1957* or *1964* which is when the patents were filed... it's not the patent holders fault these patents weren't actually granted until 1987 and 1992.

      More ineptitude on behalf of the USPTO, however, not because of the reasons you state; I don't think this patent was necessarily "obvious" then, even though it might be now.

      --
      The world won't end in darkness, it'll end in family fun, with Coca-cola clouds behind a Big Mac sun.
    16. Re:With Friggin Laster Beams... by WNight · · Score: 1

      Because dating patents from when they are finally approved is blatantly cheating the system. If this was invented in the later 50s it's unlikely to warrant a patent in the late 80s, let alone for twenty years after that.

      Are you usually pro-stupid-lawsuit or is this a "getting karma by appearing to buck the crowd" thing?

    17. Re:With Friggin Laster Beams... by Anonymous Coward · · Score: 0

      This is what the guy who patented the microprocessor did. I think his name was Hyatt...Not sure but I think his patent was struck down or something; he tried to get lots of money from the likes of Intel and Motorola.

      Submarine patents suck.

    18. Re:With Friggin Laster Beams... by grammar+fascist · · Score: 2, Insightful

      Strike it rich and retire, even though this means that if you are rich many other people will be poor. I'm no communist, but this strike it rich mentality is just absurd.

      Yeah, you're a communist. You think economies are zero-sum games.

      --
      I got my Linux laptop at System76.
    19. Re:With Friggin Laster Beams... by SydShamino · · Score: 1

      That has already been fixed. As of around 12 years ago, patents are 20 years from the date of filing, instead of 17 years from the date of issue.

      --
      It doesn't hurt to be nice.
    20. Re:With Friggin Laster Beams... by Anonymous Coward · · Score: 0
      it's not the patent holders fault these patents weren't actually granted until 1987 and 1992

      Thirty years' delay? Of course it is. Lemelson was notorious for finding strategies to stall the USPTO until the invention had long since become mainstream (and therefore failed to promote progress at all).

    21. Re:With Friggin Laster Beams... by MrLint · · Score: 2, Insightful

      if they have been refining the patent does this mean that they have been actually adding the work of others to their patent. Possibly adding (after the fact) prior art in order to get coverage on current technology?

    22. Re:With Friggin Laster Beams... by cshark · · Score: 1

      Yes, but if the technology becomes wide spread, doesn't the patent become moot?

      --

      This signature has Super Cow Powers

    23. Re:With Friggin Laster Beams... by Call+Me+Black+Cloud · · Score: 1


      Are you usually pro-stupid-lawsuit or is this a "getting karma by appearing to buck the crowd" thing?

      Are those my only two choices? Neither really fits...

      Because dating patents from when they are finally approved is blatantly cheating the system.

      What's wrong with this picture? Ah yes, "cheating the system". The "system" is to date patents from when they are approved, so how can the system be cheating by following its own rules?

      If you had bothered to look at the patents you'd see they are actually 16 and 11 years old, respectively (or 18 and 12 years old if you go by the date of the application). Please do your research before responding next time.

    24. Re:With Friggin Laster Beams... by uberdave · · Score: 2, Funny

      So, the US Government gets a fleet of nuclear subs, and the scientist gets a lollipop?

    25. Re:With Friggin Laster Beams... by uberdave · · Score: 1

      Didn't Daedelus have the greek soldiers polish their shields, and use them as reflectors to set the phonecian navy on fire? Sounds like some seriously prior art to me, like 2500+ years prior.

    26. Re:With Friggin Laster Beams... by femto · · Score: 1

      And the really funny bit was that when all these scientists demanded their one dollars, the government had no way to set up the necessary accounts.

    27. Re:With Friggin Laster Beams... by pod · · Score: 2, Funny

      You're not thinking like a lawyer. This just means there are more people to sue.

      --
      "Hot lesbian witches! It's fucking genius!"
    28. Re:With Friggin Laster Beams... by Anonymous Coward · · Score: 0

      > The idea would be obvious to a thoughtful
      > undergraduate student. Actually *doing* it, on the
      > other hand, is an impressive feat.

      Reminds me of university. The professor shows you how to do a simple practically useless problem. The really useful and interesting problems are "obvious corrolaries that are left as an exercise to the interested reader".

    29. Re:With Friggin Laster Beams... by Theatetus · · Score: 1
      (after the fact) prior art

      I'm sorry... that phrase just made my brain explode.

      Oh yeah, and who cares about this patent, since they never mentioned mounting the laser on a frigging big shark.

      --
      All's true that is mistrusted
    30. Re:With Friggin Laster Beams... by kcbrown · · Score: 4, Interesting
      Yeah, you're a communist. You think economies are zero-sum games.

      I have no idea what one (communism) has to do with the other (whether or not the economy is a zero-sum game).

      But the global economy, at any rate, is a zero-sum game, with two exceptions:

      • changes in the population
      • changes in productivity (the amount of production generated by an individual in a period of time. So making people work longer hours does not increase productivity because they're spending more time in order to accomplish more work, whereas having them tend a machine that produces ten times what they could do by hand is an increase in productivity)

      After accounting for those two things, the global economy must be a zero-sum game because money is a direct representation of human production. Were this not the case, you wouldn't get inflation (an overall increase in the prices of goods) as a direct result of printing more money.

      Now, the individual local economies are not zero-sum games, but that is only because they have external inputs and outputs, such as foreign trade and foreign investment.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    31. Re:With Friggin Laster Beams... by Dusabre · · Score: 1

      The 'loophole' been closed. Patents are now granted for 20 years from filing.

    32. Re:With Friggin Laster Beams... by ajs318 · · Score: 1
      Why? The patents don't appear to be of the obvious "one-click shopping" type
      Does anyone think I could get a patent on "A method for initiating a chemical reaction by touching the reagents with a short piece of wood which has dipped in some fuel-and-oxidiser cocktail, allowed to dry, then rubbed against a piece of roughened material in order to generate some heat by friction, thereby initiating an exothermic chemical reaction at the end of the piece of wood, whose energy is used to initiate the chemical reaction first referred to in the claim"?

      This would be obvious to an expert in the field {I was actually describing
      yvtugnat n sver jvgu n zngpu
      rot-13'ed so as not to spoil the puzzle - anyone really not get it?}, and so the patent is null and void.

      Ting! Next please.
      --
      Je fume. Tu fumes. Nous fûmes!
    33. Re:With Friggin Laster Beams... by kfg · · Score: 4, Insightful

      "But isn't getting filthy rich the American dream?", I recently had someone ask me.

      Well, no, it isn't. The American Dream (tm) is to own your own property and to make your living from it so you don't have to hire yourself out as a servant.

      Somewhere along the line The American Dream has turned into the idea that you hire yourself out as a servant ( or you're a worthless bum) so that you have the proceeds to buy lottery tickets in the hopes of hitting it rich by chance.

      That isn't the American Dream, that's the American Nightmare.

      KFG

    34. Re:With Friggin Laster Beams... by mpe · · Score: 1

      ,I>And the really funny bit was that when all these scientists demanded their one dollars, the government had no way to set up the necessary accounts.

      Wonder how much it actually cost in paperwork to pay the scientists.

    35. Re:With Friggin Laster Beams... by mpe · · Score: 1

      I don't think the idea would have been so obvious to an undergrad in *1957* or *1964* which is when the patents were filed... it's not the patent holders fault these patents weren't actually granted until 1987 and 1992.

      IIRC it actually is the patent holder's fault. Since they kept filing ammendments to their applications.

    36. Re:With Friggin Laster Beams... by sql*kitten · · Score: 2, Interesting

      So many obvious ideas which require little though have been patented, and when someone puts an enormous amount of effort into actually *implementing* something they get sued.

      But you cannot patent an idea without an implementation. Try actually reading beyond the title of the patent (which is always very general) to see the actual body (which is always very specific).

      Imagine that, someone had patented a nuclear powered submarine propulsion system before anyone had even exploded an atom bomb.

      You do know that nuclear weapons and nuclear power plants work differently, right? There were reactors running at Los Alamos well before there were weapons, and there is absolutely no technological reason that humanity couldn't have skipped making nuclear weapons altogether but still had all the benefits of nuclear power.

      The point is so many of these patents are granted to people who haven't implemented anything when all the work is in the implementation.

      Interesting you should say that because the implementation if the patent system is what's broken, not the principle.

    37. Re:With Friggin Laster Beams... by JohnFluxx · · Score: 1

      If it is a zero-sum game, wouldn't that mean there is no way to improve society?

      If I come up with a way to farm more efficently, and give that away, sure that increases the richness of society?

    38. Re:With Friggin Laster Beams... by Anonymous Coward · · Score: 0

      Because one of the patents was originally *filed* in the '60s.

      They kept editing the patent application, (thereby keeping it from being approved) for about 40 years in order to allow the techniques covered by the patent applications to become standard industry practices (all developed without the help of these patents), and then finally let the applications be approved so they can sue for patent violation.

      IMHO, that should be enough for the patent to be null and void.

    39. Re:With Friggin Laster Beams... by Anonymous Coward · · Score: 1, Insightful

      Regrettably, you have no understanding of economics.

      " * changes in productivity (the amount of production generated by an individual in a period of time. So making people work longer hours does not increase productivity because they're spending more time in order to accomplish more work, whereas having them tend a machine that produces ten times what they could do by hand is an increase in productivity)
      "

      This is certainly true, and it is precisely the reason why the global economy is _not_ a zero-sum game. The continued reinvestment of profit into capital is what has caused a tremendous increase in productivity and enables the extraordinary standard of living, and extended life, that we are lucky to enjoy.

    40. Re:With Friggin Laster Beams... by 1010011010 · · Score: 1

      After accounting for those two things, the global economy must be a zero-sum game because money is a direct representation of human production. Were this not the case, you wouldn't get inflation (an overall increase in the prices of goods) as a direct result of printing more money.

      Hahahaha! Wow, you're *so* wrong! I think you're probably confusing the laws of thermodynamics with economics.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    41. Re:With Friggin Laster Beams... by 1010011010 · · Score: 1


      I wish copyrights worked in a similar fashion.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    42. Re:With Friggin Laster Beams... by pedro · · Score: 2, Informative

      Wonder how much it actually cost in paperwork to pay the scientists.
      As recently as 5 yrs ago, the cost for the state of Illinois, where I live, to cut a check, ANY check, was $52.
      That's right, folks. Your $1.72 state income tax refund check cost an additional FIFTY TWO F**KING DOLLARS to issue!
      This was from the very mouth of a state treasury official who was attempting to reform the gawd awful mess.

      --
      Brak: What's THAT?
      Thundercleese: A light switch.. of TOTAL DEVASTATION!
    43. Re:With Friggin Laster Beams... by Call+Me+Black+Cloud · · Score: 1

      How do you know why they did what they did? You assume the worst but there may be other reasons. What they are I don't know, because I am not familiar with the patent process. It seems to me, though, that if they were delaying the patent for the reasons you state they were running some risk because their work would be uncovered.

      If the reasons are as you suggest I'd think this would happen a lot more.

    44. Re:With Friggin Laster Beams... by ipandithurts · · Score: 1

      You're right in part. Even today one can file a Continuation-in-Part ("CIP") where you claim "priority" to part of your new invention to an older, co-pending application.

      To quickly explain the "legalese":
      Priority simply is the earliest date that you can show you reduced the invention to practice (in this case, effectively via the filing rather than constructively by actually doing it) and can predate others.

      Copending is an application that hasn't issued and is still pending before the USPTO.

      Ok, back to the issue. When you file a CIP, you have to "disclaim", or give up, any additional years of protection beyond what you would get from the first invention. This avoids the legal "no-no" of "double patenting".

      What we are seeing in the discussed case is that for patents filed before 1996, one would get 17 years from the date of issuance of the patent, while now one receives 20 years from the date of filing for the earliest "priority" filed patent (plus "extra time" if the USPTO jacks around with the application too long).

      Therefore, in the present case, there probably was an appeal or two to the appeal board which CAN take many years each, as well as "dinking around" in the patent office. Although it may be possible to invalidate the patent in the courts if you can show that the patent owner intentionally and unduly delayed the process to an undue degree. However, this is a large burden for the defendant to prove.

      Fortunately, with the new system, it encourages patent holders to expedite the process, at least on their end.

      --

      Stop undressing me with your eyes. I'm ugly naked.
    45. Re:With Friggin Laster Beams... by ipandithurts · · Score: 1

      I believe there's a misconception out there in this area, at least one I've seen on here repeatedly.

      U.S. patent law not only requires one to publicly disclose their "idea" to get their 20 year monopoly from filing, but the patent owner must also "teach one of ordinary skill in the art to practice the invention" as well as disclose the "best mode" of practicing the invention.

      In short, you can't simply claim something without knowing how to impliment it. Admittedly, there have been patents out there that aren't properly "enabled," however they are typically found to be invalid when litigated.

      It's not a perfect system, but it's the one we have.

      --

      Stop undressing me with your eyes. I'm ugly naked.
    46. Re:With Friggin Laster Beams... by jstott · · Score: 1
      So, the US Government gets a fleet of nuclear subs, and the scientist gets a lollipop?

      Pretty much. Of course, the idea came from a (then) government employee, using government resources, on government time, and the government paid all the patent application/legal fees. Sounds the same as pretty much any other large corporation.

      -JS

      --
      Vanity of vanities, all is vanity...
    47. Re:With Friggin Laster Beams... by Pxtl · · Score: 1

      His point is that striking it rich without contributing to the productivity of society (being rich off of trading something pointless on the stock market, or the lottery, or pyramid schemes - wait, those are the same thing) is effectively robbing everyone else around you, because at any given moment in time, there is a finite amount of money/resources in the game. No, the game is not zero sum - but if you are profiting off the game without contributing to it, its bad regardless of whether the game is zero sum or not.

      The principle of the stock market is sound, but its current implementation has become a monstrous scam. Non-dividend stocks are roughly like trading baseball cards - the only connection of a non-dividend stock's value to is in the minds of the traders - there is no actual physical connection between the value of the non-dividend stock to the company it represents. The only value is how much you can sell it for to someone else. Other systems like money-market speculation are similarly pointless.

      And before you start quoting Adam Smith - even Smith himself only described direct investment into industry. Not into frivolous speculative money systems.

      I want more stock-market crashes. Death to those who invest in nothings.

    48. Re:With Friggin Laster Beams... by ipandithurts · · Score: 1

      Actually, patents filed now are granted 20 years from the date of filing of the earliest relied on filing (e.g. the continuation or continuation-in-part to which it claims priority). Granted, if the patent office unduly delays the process, the patent owner recoups the lost time, but patent owners have a strong incentive to not delay, as they lose patent enforcement time (one can only enforce an issued patent (and yes, I know about the notice of published patent and substantial simliar claims in the issued patent will allow for a reasonable royalty rate, but one still needs to get the patent issues and lost profits are almost always greater than royalties.)

      So "they" are fixing the system!

      --

      Stop undressing me with your eyes. I'm ugly naked.
    49. Re:With Friggin Laster Beams... by Anonymous Coward · · Score: 0
      I've decided that the powers that be want to leave the patent system as is not because it fosters innovation, but because it feeds the American tendancy to want something for nothing (which is why Lotto is so popular here). What is (most) every American's dream? Strike it rich and retire, even though this means that if you are rich many other people will be poor. I'm no communist, but this strike it rich mentality is just absurd.
      Doubtless no one should play the lottery, but how would you be impoverishing other people by winning?

      It is perhaps stupid for a person to dream of "striking it rich" without doing any work. But their dream doesn't harm me.

      Setting the Lotto aside, how can you realistically "strike it rich" in America? Run a company (billg), entertain (Oprah), play sports (Kobe), or inherit (George W.) In 3 of the 4 cases, you have to provide something someone else finds worthwhile before you get paid. Usually that involves some work. So it ain't so bad.

      As for patents: Yeah, if we find patents are necessary at all (and most economists agree they are, to my great chagrin), they should only be granted once the inventor has at least a working prototype. Odd - I am under the impression that this is actually the way U.S. patent law is worded, but as IANAL I am not sure about this, much less about how it really works.

    50. Re:With Friggin Laster Beams... by 5KVGhost · · Score: 1

      What is (most) every American's dream? Strike it rich and retire, even though this means that if you are rich many other people will be poor. I'm no communist, but this strike it rich mentality is just absurd.

      Er, being rich doesn't make other people poor. That's like claiming that your neighbor shouldn't be allowed to grow tomatoes because you don't have any tomatoes. His gain is not your loss. Rich people don't hide their money in coffee cans buried under the back porch, you know.

      I would like to live in a world where doing something is rewarded, rather than being the first to think of that something.

      How about both? It's kinda hard to do something without thinking of it first. And often the people who are good at doing are not good at the theoretical work that needs to happen beforehand.

      Until 1880 the patent office required a working model to be submitted along with the application. That clearly wouldn't work in every case (which is why the removed the requirement)but perhaps additional incentives could be given to encourage patents which can be demonstrated.

    51. Re:With Friggin Laster Beams... by joto · · Score: 1
      But you cannot patent an idea without an implementation. Try actually reading beyond the title of the patent (which is always very general) to see the actual body (which is always very specific).

      Back in the old days, that used to be true. But soon, the USPTO's basement became so crowded with various strange inventions and contraptions that this requirement was removed. As it stands now, the invention needs to be new, useful, and nonobvious. Nowhere is it stated that the invention must be something that the inventor can actually build and show to the patent office in a working form.

      If you want to, feel free to patent teleportatition today. It might take some work to get it through the patent examiner, but I'm sure you would succeed after a while (unless it's already patented by someone else)

    52. Re:With Friggin Laster Beams... by Anonymous Coward · · Score: 0

      Wouldn't that fall under "changes in productivity", which the poster explicitly mentioned?

    53. Re:With Friggin Laster Beams... by nihilogos · · Score: 1

      But you cannot patent an idea without an implementation. Try actually reading beyond the title of the patent (which is always very general) to see the actual body (which is always very specific).

      I did read past the title. That isn't an implementation, it's an idea for an implementation which still only requires a fraction of the effort that would be put into an implementation. All those 'specifics' would go out the window as soon as anyone tried to build it.

      You do know that nuclear weapons and nuclear power plants work differently, right?

      Feynman's idea was for a 'nuclear propulsion system' which relied on exhaust gases from a nuclear explosion. 'Nuclear powered' was a poor choice of words on my part.

      the implementation if the patent system is what's broken, not the principle.

      No-one's arguing with that (at least I'm not). It's still astonishing how broken it is in the US

      --
      :wq
    54. Re:With Friggin Laster Beams... by dukerobillard · · Score: 1
      You seem to imply that those two bullet points aren't very important..and so the economy is pretty much a zero sum game, except for a little bit of gain because of productivity and population increases.

      If that's what you mean, you're incorrect; the productivity thing is what has increased human wealth so enormously, ever since the discovery of agriculture.

      If I just misunderstood your point, sorry.

    55. Re:With Friggin Laster Beams... by Rorgg · · Score: 1

      But IIRC years later some major company was looking for advisors for some major project, so who'd they go to? The guy who patented it -- Feynman ended up making a little money off the consulting about whatever general idea he'd had at Los Alamos.

    56. Re:With Friggin Laster Beams... by coastwalker · · Score: 1

      your extraordinary standard of living is in large part due to the availabilty of poor people to exploit and your good fortune in living in a sophisticated economy capable of of doing the exploitation.

      I imagine that the better off in every fortunate empire from the Romans to the Victorians have regarded their better standard of living as a direct result of their personal moral superiority.

      Luckily your fabulous civilisation is in the midst of "a jobless recovery" which should be enough to bring home to most intelligent members of it, the realisation that although not a zero sum game - economics is not a subject that can be summed up by simplistic quasi religious meme's like "we are the choosen ones and therefore rightfully inherit the earth". Same goes for meaningless crap like "reinvestment of profit into capital is what has caused a tremendous increase in productivity". I take it that the dot com bust is a good example of how well the economy invests in productivity gains - just because your economy has done well in the past following a certain set of rules is no indication that it will do well in the future. Particularly as the Chinese for example will probably be better at this game than the Americans. Winning the battle against communism does not mean that the war has been won and sticking to tired old thinking will lose the war.

      --
      Facts are history now plebs have politics for religion on social media.
    57. Re:With Friggin Laster Beams... by kcbrown · · Score: 1
      The continued reinvestment of profit into capital is what has caused a tremendous increase in productivity and enables the extraordinary standard of living, and extended life, that we are lucky to enjoy.

      Certainly. But this does nothing to negate my point.

      What is profit? It's the difference between the total amount of effort (directly and indirectly) it takes for you to produce something and the amount of effort (directly and indirectly) your customer is willing to expend to acquire it.

      When you exchange money with someone for a widget, all you're really doing is exchanging your effort for it. You might be willing to do so for a couple of reasons:

      • They have access to resources (time, equipment, materials, etc.) you don't, that are required to make the widget
      • They have more knowledge than you about making widgets, so they can do so much more efficiently than you

      If it took them less total effort to make the widget than the amount of effort your price represents, they'd make it themselves.

      When you make a lot of profit from doing something, you do so only because your customers are willing and able to sacrifice that much more of their labor to acquire your product than the amount of your efforts required to make it. But labor they expend to pay you is labor they cannot expend to pay others. That is what makes the overall exchange, when everything is accounted for, a zero-sum game at any given point in time.

      What is capital? It's usually the end result of human labor, of course! A building is there only because humans built it. When you acquire it, you acquire the fruits of human labor. When you buy the raw materials to make something, you're not paying for the material itself, you're paying for the human labor required to produce it. Only things like the land itself don't represent human labor. The only reason you pay for things like land is that others want it and as a result it becomes subject to the laws of supply and demand. Fortunately, the labor you expend to pay for a piece of land is in turn used by the recipient to pay for other things.

      Now, the economy changes over time as a result of fluctuations in population and the changes of productivity that result from increased knowledge. But nothing else results in the actual growth of an economy. The investment of profit you refer to is only an indirect means of directing human effort into finding ways to increase productivity.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    58. Re:With Friggin Laster Beams... by God!+Awful+2 · · Score: 1

      But the global economy, at any rate, is a zero-sum game, with two exceptions

      Hehe... here we are on /., self-proclaimed home of the free software revolution, and you believe the economy is a zero sum game. Tell me this: if you write a program and distribute it for $0, haven't you increased the global wealth, all without any money changing hands?

      After accounting for those two things, the global economy must be a zero-sum game because money is a direct representation of human production.

      No, treating money as a direct representation of human production is an economic lemma. Capitalism is a system for optimizing overall wealth with the presumption that money represents human production. When people act against direct self-interest, the lemma no longer applies. That is, incidentally, why free software is anti-capitalist.

      -a

    59. Re:With Friggin Laster Beams... by Crafack · · Score: 1

      Actually, the idea of taking out a patent on your ideas, and then "selling" your patent to the gov't was meant to ensure that the ideas wouldn't leak into the axis' hands during WWII.

      There's a bit about it in Rhode's book "The Making of the Atomic Bomb". /Joakim

      --
      ... Elecance is left to the implementors.
    60. Re:With Friggin Laster Beams... by Hognoxious · · Score: 1
      That is what makes the overall exchange, when everything is accounted for, a zero-sum game at any given point in time.
      No. Some exchanges leave both parties better off. That's the whole basis of specialisation.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  2. This is crazzy... by node159 · · Score: 2, Funny

    I wonder if my "Collection and use of energy originating from a hydrogen based nuclear fussion reaction by radiation energy or via potential energy" would pass in the US?!

    Patent the world and I'll patent YOU!

    --
    GPLv2: I want my rights, I want my phone call! DRM: What use is a phone call, if you are unable to speak?
  3. deploy patents! by metamechanical · · Score: 1

    just goes to show that they'll dish out patents for ANYTHING these days!! I mean, who had even heard of lasers in 1957 anyhow? let ALONE 1964!

    --
    If I had a nickel for every time I had a nickel, I'd be richcursive!
    1. Re:deploy patents! by Dolphinzilla · · Score: 5, Interesting

      You are partially correct the laser was "officially" invented in 1958 - however the maser was invented in 1953 (microwaves instead of visible light) The laser was at the time a predictable outgrowth - and was theorized to be possible. The patent in question mentions radiation in general, as well as lasers radiation. So while it seems amazing that somone could have that much foresight, its not improbable.

    2. Re:deploy patents! by DarkMan · · Score: 3, Interesting

      I'll go further than the above poster.

      If the patent mentioned lasers (albeint by description, rather than by name) in 1957 then by Jove, that's worth a patent.

      The advantages of using collimated and coherent light over other light sources in a chamical reaction are great, and certinally non-obvious back then.

      The only thing I don't like about this patent is the submarine laywering over it. The content is quite reasonable, if not somewhat out of date.

    3. Re:deploy patents! by ketamine-bp · · Score: 1

      though i would really want to see if the 1957 patent really have the clause of laser, or it is fine-tuned to that after 1958.

    4. Re:deploy patents! by mpe · · Score: 3, Interesting

      If the patent mentioned lasers (albeint by description, rather than by name) in 1957 then by Jove, that's worth a patent.

      The MASER was invented before then. The only difference between a MASAR and a LASER is the frequency of the EM radiation.

      The advantages of using collimated and coherent light over other light sources in a chamical reaction are great, and certinally non-obvious back then.

      It's long been known that "light" can affect chemical reactions. e.g. photography.
      The idea that monochromatic light would be best for catalysing a specific reaction probably crossed someone's mind as soon as the "photon model" was accepted.

    5. Re:deploy patents! by Anonymous Coward · · Score: 0

      One of the professors at Auburn Univ in AL where I was a student, demonstrated a LASER in fall 1961 or 1st Quarter 1962. It only lasted a blink of a second, but it was invented by then, well before 1964.
      Old Analog Des. Engr.

  4. Hard to Beleive by vincent404 · · Score: 1

    Sorta funny that it took them 45 years to actualy get a patent and just recently enforce it. Oh well, guess that's how the world works.

    1. Re:Hard to Beleive by Alizarin+Erythrosin · · Score: 1

      If you would have read the article, it says, and I quote:

      "Incidentally, if readers who view the above patents are puzzled by their recent dates, it's because both were filed as continuations of previous filings, going back to the dates listed above. Which is why it took so long for the patents to be granted."

      So by filing continuations of the filings, it can be assumed they were either keeping up with the technology or sort of "sitting on it" until it was somewhat popular before allowing it to be issued.

      --
      There are only 10 kinds of people in this world... those who understand binary and those who don't
    2. Re:Hard to Beleive by ardiri · · Score: 1

      > Sorta funny that it took them 45 years to actualy get a patent and just recently enforce it.

      maybe the original patenter isn't getting the super-annuation they expected? :) most likely bound to be on retirement plans now - suing a large chip manufacturer (any guesses who) might give a nice retirement package for the guy..

      he'll die eventually - thats the good news.

  5. In other news, by squidinkcalligraphy · · Score: 5, Funny

    General Motors is suing competing manufacturers of the so-called `horseless carriage' for infringing their patent 236635849, which specifies a way in which the `wheel' - a flat, cylindrical object - can be used for the motion and transportation of people and inanimate objects.

    --
    "I think it would be a good idea" Gandhi, on Western Civilisation
    1. Re:In other news, by FredThompson · · Score: 2, Funny

      A flat cylinder, now there's a unique concept ;)

    2. Re:In other news, by Temporal · · Score: 2, Funny

      Also, Bobo the gorilla announced today that he is filing suit against mankind for infringing upon his patent on "A method of heating carbon-based molecules to cause combustion and generate energy." Bobo says that his ancestors filed the patent with the USPTO around the year one million BC, but the patent was not actually granted until 1998.

    3. Re:In other news, by pair-a-noyd · · Score: 1

      a flat, cylindrical object
      WOW!!! Can you post a pic of one of these??
      Sounds neat! I've never seen a flat, cylindrical object before!!

    4. Re:In other news, by Klimaxor · · Score: 1

      Flat Cylindrical Object == Oxymoron
      Flat == 2D
      Cylindrical == 3D
      Object == Too Vague
      Patent System == See Flat Cylindrical Object

      --
      your sins into me, oh my beautiful one.
    5. Re:In other news, by squidinkcalligraphy · · Score: 1

      Silly me, forgot I was dealing with pedantic geeks.
      Well I'll see your pedantry and raise you:

      flat
      adj. flatÂter, flatÂtest

      1. Having a horizontal surface without a slope, tilt, or curvature.
      2. Having a smooth, even, level surface: a skirt sewed with fine flat seams.
      3. Having a relatively broad surface in relation to thickness or depth: a flat board. See Synonyms at level.
      4. Stretched out or lying at full length along the ground; prone.
      5. Free of qualification; absolute: a flat refusal.
      6. Fixed; unvarying: a flat rate.
      7. Lacking interest or excitement; dull: a flat scenario.
      8.
      1. Lacking in flavor: a flat stew that needs salt.
      2. Having lost effervescence or sparkle: flat beer.

      There needn't be any confusion - the patent obviously applies to a boring, dull, flavourless cylindrical object.

      --
      "I think it would be a good idea" Gandhi, on Western Civilisation
    6. Re:In other news, by smokin_juan · · Score: 1

      What? Maybe he ran over a nail...

    7. Re:In other news, by Axigrav · · Score: 1
      Zealots are bad.

      I had to LOL and nod my head approvingly at that. Then I realized that the zealots and dissidents, being opposites, tend to keep a balance on things. This lets us apathetics just kick back and enjoy life. So thank you zealouts and dissidents.

      Then again, on the main topic -- I sure see some unbalance going on there...I agree, power up them there lasers!!

      -Axigrav
      "Depend on the rabbit's foot if you will, but remember it didn't work for the rabbit." R.E. Shay

    8. Re:In other news, by Upphew · · Score: 0

      Wheel is already patented: http://slashdot.org/articles/01/07/02/1136246.shtm l

    9. Re:In other news, by Anonymous Coward · · Score: 0

      Has anybody invented the Flat Tire yet?

  6. trying to kill off imports of chips? by burgerman · · Score: 0, Offtopic

    With the Korean chip maker Hynix and this story now from Taiwan, seems like someone is trying to kill those dudes from making anything...

  7. Oh My God... by WIAKywbfatw · · Score: 2, Redundant

    We're talking about patents that were put in when? Since before the space race?

    How can it be make good business sense to have these patents still applicable now? Why the hell were they put in limbo for so damn long?

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    1. Re:Oh My God... by afidel · · Score: 1

      because the owners specifically wanted them to be in limbo and because the old rules allowed this type of abuse.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  8. Old stuff by FunWithHeadlines · · Score: 3, Funny
    "being sued over two chemistry patents, one over 45 years old"

    Prior art that!

    1. Re:Old stuff by kmahan · · Score: 4, Funny

      And in other news the reaction of lightning and amino acids has been patented. All life is being requested to "pay up or die."

      --
      Invalid Checksum. Retrying.
    2. Re:Old stuff by Wolfier · · Score: 1

      The H-BOMB? It fits the patent pretty nicely, and is a clear prior art.

    3. Re:Old stuff by DarkMan · · Score: 2, Insightful

      Unfortunatly, the H-bomb is not a chemical reaction, but rather a nuclear reaction. Thus, the patent does not apply.

      Secondly, if your looking for prior art, best start by reading the patent. It's quite specific about streams of matter, and intersecting those streams with radient energy. Thus, the H-bomb, even were it chemical, would be well off.

      You need to find stream of matter, and energy, inside a reaction vessel.

    4. Re:Old stuff by Herkum01 · · Score: 2, Funny

      I don't think that patents cover deriviative works.

    5. Re:Old stuff by bigsteve@dstc · · Score: 2, Funny
      Unfortunatly, the H-bomb is not a chemical reaction, but rather a nuclear reaction. Thus, the patent does not apply.

      However, if you offered to do a live demonstration at the US Patent Office HQ, I'm sure that you could get a patent granted :-)

  9. Amazing by tds67 · · Score: 4, Funny
    The second patent, 5,131,941 also details an apparatus and method for initiating chemical reactions, but this time radiation is used to provide the energy kick needed to get the compounds to interact."

    What? You mean Jiffy Pop popcorn wasn't the first one to patent this technique?

    1. Re:Amazing by Angry+White+Guy · · Score: 1

      Man, Orville's gonna be pissed!

      --
      You think that I'm crazy, you should see this guy!
    2. Re:Amazing by God!+Awful+2 · · Score: 4, Funny

      "The second patent, 5,131,941 also details an apparatus and method for initiating chemical reactions, but this time radiation is used to provide the energy kick needed to get the compounds to interact."

      What? You mean Jiffy Pop popcorn wasn't the first one to patent this technique?

      Jiffy Pop was merely improving on the prior art of "popping popcorn via a giant space laser, thus thwarting the evil professor's plans."

      -a

    3. Re:Amazing by EvilSporkMan · · Score: 1

      Actually, popping popcorn isn't a chemical reaction at all...all you're doing is heating water in the middle of the kernels, causing them to expand and pop. No chemical interactions required, just a state/temperature change.

      --
      -insert a witty something-
  10. prosecution laches will hopefully kick in by Anonymous Coward · · Score: 5, Insightful

    This may be a death rattle for Lemelson's submrine patents. The dead "inventor" recently had suits thrown out on this issue. Basically, under prosecution laches, they are charged with gaming the system deliberately or without any reasonable reason. Fortunately, this old trick is harder to perform now that patent terms run from the date of filing (with some possible adjustments) instead of date of issuance.

    1. Re:prosecution laches will hopefully kick in by cybermace5 · · Score: 4, Insightful

      We had this discussion a week or two ago.

      Some people claimed that it would be advantageous to prohibit a person filing a patent, if they never would or could implement the invention of their own accord.

      To me that seems like a huge waste of resources. Sure, there are some people who will try to abuse the system. But others, people with bright minds that never quit dreaming up new concepts and technology, should not be forced to drearily forge out every invention they come up with. If that was the case, then the number of inventions any one person could come up with would be severely limited.

      A lot of concepts can be created out of thin air, but it takes a lot of research and feasibility studies before some major concepts can be implemented. A detailed patent is often representative of a lot of original work, and as such should be protected.

      Lemelson certainly was zealous about coming up with new ideas, and holding companies to patent law. He lost many cases, especially when the company was major and had infinite legal resources. But he did come up with many original ideas, and to a company with resources, buying rights can be a great deal. The inventor gets to eat, and the company has an original concept with major considerations worked out.

      This may not really be on-topic, but you seemed to have a lot of disdain for anyone who might have a lot of ideas but no resources to carry out those ideas.

      --
      ...
    2. Re:prosecution laches will hopefully kick in by the+eric+conspiracy · · Score: 0, Redundant

      Some people claimed that it would be advantageous to prohibit a person filing a patent, if they never would or could implement the invention of their own accord.

      That would be stupid. We have many legitimate companies that do R&D (and have no interest in manufacturing) for hire and then license out the patent rights. This would put them out of business. Not to speak of what that would do to universities etc. that want to exercise patent rights.

    3. Re:prosecution laches will hopefully kick in by Sycraft-fu · · Score: 2, Insightful

      Well what we really need isn't something that prohibits people from patenting somethign they can't impliment. IT's fine to be a pure designer and design something that only a big company can build. What we need is a patent system that can better check for obvious patents. If it is something that any random university student can come up with, it is obvious and should not be granted. Doesn't matter if it is hellishly complecated to implement, it matters if the process itself is unique and non-obvious.

      So under the Sycraft patent system, you could invent something that is amazingly simply to make, but still get a patent or something that is very hard and still not get one. Example:

      Inventor A designs a simple communication device with extra oridnary capabilities. He takes $30 of RadioShack parts and builds a tranciever that can transmit for 100 miles with only 10mW of power. This man gets a patent. He invented something that is unique and non-obvious (or we'd already have them) so worth of patent protection, doesn't matter if you can build it simply. Inventor B decides that hydrogen is the idea solution for powering cars of the future and so decides to patent cars with hydrogen powerplants. No description of the powerplant or anything, just hydrogen powered cars. He does not get a patent because the idea is obvious. Any physics student could think it up, and most normal people could and indeed have already thought about it. Doesn't matter that it would be hard to build, the idea is obvious and so non-patentable.

      Now you could reverse the two cases, if Inventor A just tried to patent "A device that transmits long distances using little power) he wouldn't get it because it is vague and obvious, if Inventor B worked out a fully working hydrogen powerplant and patented that, he'd get the patent since its non-obvious and specific.

      The idea is that we shouldn't pay any attention to how hard or easy it is to build something, that doesn't matter. The question is if the patent really is a novel process or if it is just something perfectly obvious that this guy happened to be the first to submit. Teh former should get patents, the later should not.

    4. Re:prosecution laches will hopefully kick in by Klaruz · · Score: 1

      You just described how the patent system SHOULD work. (Really, that's pretty much how the patent system is set up.)

      Now the trick is to get the USTPO to actually follow their own rules. Like most laws, we've got the problem licked, it's just a matter of enforcing them.

    5. Re:prosecution laches will hopefully kick in by Anonymous Coward · · Score: 0

      I agree on the bais principle that we should be following the constitutional direction of "progress of the Science and Arts." However, I'm still of the camp that Lemelson and his money-grubbing hangers-ons just gamed the system as it stood. I also belive that the basic reform of starting that patent term at filing helps to change this problem with the system.

    6. Re:prosecution laches will hopefully kick in by cybermace5 · · Score: 1

      They did manage to get quite a bit of money.

      But before you go pointing fingers at Lemelson and his "money-grubbing hangers-ons" (his wife, for instance) you should do a little research into the actual facts of what Lemelson did and what he is doing even now. Check out some of the patents, and see how many fall into the "vacuous, opportunistic" category, or the "inventive and fleshed-out" category.

      I am sure a lot of people involved with various corporations have sour feelings toward Lemelson, but the fact remains that the Lemelson Foundation exists, and is currently using 70 million dollars for the purpose of futhering development and education in the areas of science, engineering, and entrepreneurship. That is, 70 million dollars in America alone, disregarding the international programs.

      "Well," you might say, "sounds good, but who knows where the money REALLY goes..." It often goes directly to the people who can use it to develop an idea and possibly patent it.

      I happen to have spent a few thousand dollars of Lemelson's money, myself. Not that it really made my project a great success, but other projects have really done well. Check out NCIIA for some examples of the things the Lemelson Foundation is helping out with. Nearly everyone involved in an up-to-date engineering school is aware of Lemelson and the possibility that, if they come up with a Great Idea, they might have the opportunity to make it reality.

      --
      ...
    7. Re:prosecution laches will hopefully kick in by Anonymous Coward · · Score: 1, Insightful
      He invented something that is unique and non-obvious (or we'd already have them)

      Unfortunately, that is pretty much the standard the patent office uses... any invention is unique and non-obvious if we don't already have them. Of course, the patent office simplifies that to "it's unique and non-obvious if anyone hasn't patented it yet".

    8. Re:prosecution laches will hopefully kick in by deblau · · Score: 1
      This may not really be on-topic, but you seemed to have a lot of disdain for anyone who might have a lot of ideas but no resources to carry out those ideas.

      I think that was me with the implementation argument. I know I've made it on /. before. The idea I was attempting to get across wasn't that the invention had to be implemented, but that compulsory licensing would ensure the idea did get implemented. The problem with today's system is that squatters license the tech, then sit on it. Compulsory licensing removes that problem. My original point wasn't to squeeze hard work out of an idea man, it was the licensing.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    9. Re:prosecution laches will hopefully kick in by swb · · Score: 1

      Some people claimed that it would be advantageous to prohibit a person filing a patent, if they never would or could implement the invention of their own accord.

      The compromise I would favor would be patents would only be good initially for 3 years. Once implemented, they would then become good for whatever the standard patent length is, but you would have to substantially implement them in this time frame or the patent would expire and enter the public domain.

      This would allow individuals and small companies to do R&D and protect or license them, but would hinder people who decide to mass patent or patent obvious ideas and then litigate, refuse to license or other gimmicks that are essentially private taxation of productive enterprise.

      I see the value of patenting worthwhile ideas and rewarding their inventors, but these are only truly socially valuable if they're put into use. An idea "captured" but not made available is not a social good and should not be protected by law. The law on IP should be structured to provide the greatest SOCIAL benefit, not the greatest opportunity for PRIVATE benefit.

      This is probably disadvantageous to small inventors, but I think the flip side of not allowing people to ransom obvious ideas or 'tax' people that implement them through post-hoc litigation would be far more valuable. Innovate and implement, not innovate and litigate.

    10. Re:prosecution laches will hopefully kick in by GigsVT · · Score: 1

      And especially with software, the USPTO seems to lack the knowledge or resources to properly judge whether something is really non-obvious or not.

      This is a all a symptom of the ever-increasing specialization of our society. No longer can a lay person judge whether the inner workings of something are really unique and non-obvious, without a fairly deep knowledge of the field.

      Since software costs basically zero to copy, and a usually trivial amount to produce (in chunks small enough to be patentable), there aren't large costs of manufacture to recoup. Software patents should be thrown out, or severly limited. The same applies to "business method" patents.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    11. Re:prosecution laches will hopefully kick in by gauss314 · · Score: 1

      This may not really be on-topic, but you seemed to have a lot of disdain for anyone who might have a lot of ideas but no resources to carry out those ideas.

      Justification enough for our discriminatory war against pot, if you ask me.:-)

      --


      If there weren't so many damn idiots in this world, I'd just be average.
    12. Re:prosecution laches will hopefully kick in by arantius · · Score: 1
      This may not really be on-topic, but you seemed to have a lot of disdain for anyone who might have a lot of ideas but no resources to carry out those ideas.

      I think the whole point is that patenting that good idea you have, when you know you don't have the resources to bring that idea to fruition, is bad.

      Sure, come up with all the great ideas you want, be productive, that's great. But don't go hording all your ideas. If you have a good idea and no legs, give it to someone else to run with.
      --
      Health is simply dying at the slowest rate possible.
    13. Re:prosecution laches will hopefully kick in by cybermace5 · · Score: 1

      That's a really great strategy there, how much inventing gets done from a cardboard box in an alley, do you think?

      --
      ...
  11. Its Broke Fix it by Crashmarik · · Score: 3, Insightful

    Aside from the fact the Description of the patents makes them sound like a patent on FIRE and if its held up I want the wheel, isn't there enough out there to show our patent system is completely broken ?

    The primary purpose of the patent system seems to be allowing those that don't plan on developing technology, improving technology or doing any of the work needed to advance technology to practise legal extortion on those that do.

    1. Re:Its Broke Fix it by Angry+White+Guy · · Score: 1

      I say forget fixing it, scrap it and put a new model into place. Band-aid solutions generally suck, and now they have a completely working model of what not to do.

      Foster innovation my ass, this patent is older than I am! I'm digging up those fuckers!
      Franklin, I'm starting with you!

      --
      You think that I'm crazy, you should see this guy!
    2. Re:Its Broke Fix it by Jad+LaFields · · Score: 1

      And the new model would be?

      --
      [SIG] It's like putting a moose in the blender -- a recipe for disaster!
    3. Re:Its Broke Fix it by Flower · · Score: 1
      Based on the current European model where the invention must advance the state-of-the-art (i.e. no more laser pointers as cat exercise tools) and no business model patents. And as previously been mentioned, you get 20 years from date of submission so bullshit like this doesn't happen.

      Furthermore, no quotas on number of patent issued. Find another metric to judge an examiner's performance.

      That's a start.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    4. Re:Its Broke Fix it by Jad+LaFields · · Score: 1

      I agree with no patents on business models, unless someone can come up with an example of when this was actually innovative and helpful? As for the "state-of-the-art", I'm still not exactly sure what this means. How is it defined by the courts?

      I mean, what if the "laser pointer as a cat exercise tool" is actually a really innovative idea based on a great amound of solid research that cats respond favorably to concentrated light of a certain wavelenth and that light-based exercise is superior to other excercise methods? (alright, it's a far-fetched example, but bear with me).

      Lastly, I didn't know there were quotas on patents in the US. What's the number?

      All in all, a well-thought out response, I was expecting a far more typically slashdot rambling "SCO sucks"-type response. =)

      --
      [SIG] It's like putting a moose in the blender -- a recipe for disaster!
    5. Re:Its Broke Fix it by Zirnike · · Score: 1
      "The primary purpose of the patent system seems to be allowing those that don't plan on developing technology"

      Nope. The intention is to allow those who CAN'T develop, due to resource issues, to protect their idea so they can shop for capital.

      Story, not sure if it is true or not, but it is illustrative. My grandfather came up with the idea of a retractable fuel pump hose. Basically, you take a big version of those things that you attach keys or badges too, the retractable reals, and 'tie' the midpoint of a hose to it. That will keep the hoses out of the way.

      So he shopped it around to several chain fuel stations, like Shell, etc. Nothing came of it, he couldn't get a pump to try it on, never mind development funds. And 2 years later, the gadgets started appearing on stations all around the city.

      That's what patents are supposed to protect. If my GF had a patent, there wouldn't be a problem, he would have gotten funds for his idea, whether they liked it or not. Instead, the big company stole the idea.

      Like I said, not sure if it's true, but it's illustrative, at the least.

      --
      I'm not shy, I'm stalking my prey
    6. Re:Its Broke Fix it by Crashmarik · · Score: 1

      Sorry He wasn't done. And nobody should be awarded a patent on incomplete work. Thats the reason you get these overly broad patents, that are little more than bludgeons.

      I am a very technical person, I don't know if you are or are not. But anyone who has actually developed anything will tell you the work is in making an idea work. 1 percent inspiration, 99 percent inspiration.

      Imagine if Edison could have gotten a patent on the lightbulb without actually making it work.

    7. Re:Its Broke Fix it by Zirnike · · Score: 1
      I am a technical person. A Mechanical Engineer, to be precise. You're missing a lot about the patent process, as you're looking at how it works now, not how it is supposed to work (which is what my comment was 'The intention is' rather than 'the result is').

      Patents are not supposed to be vague. They are supposed to be specific. For example, if Edison had tried to patent 'a means of creating light by passing electricity through a tungsten filament suspended in a vacuum tube', then even if he didn't actually get the damn thing working (to keep with the analogy, maybe because a vacuum pump cost in today dollars $500,000), it should be patentable.

      You're trying to argue that if someone develops a novel idea, he has to work on it totally in secret until such time as he makes a functioning device from the idea. Things take millions of dollars to build nowadays, for nearly anything worthwhile. That means, using your interpretation of when patents should be granted, it will take a corporation to get to that point... Individuals rarely have the cash to support years of not working, prototype prices (I build instruments that sell for about $75,000 each (low margin, too). The prototype costs for 3 alphas was close to 5 times (conservatively) that amount, each, plus another 20 grand in spare parts.), etc. Plus the fact that it needed a year of work to even get to that stage from the breadboard. So $375,000 + 10 engineers of various types for a year + a dedicated purchaser for 6 months + 2 assembly technicians for 3 months + lab space at $10,000/sf/year (yes, it really is that much for flammable/chlorinated solvent capable labs. This is a 9sf instrument with a required computer.). And there's even more cost and personnel if you add in Reliability, which makes sure the thing will actually run for a reasonable time, the people who write the interface with the PC software that drives it at what it's supposed to do as opposed to just more general tasks (in our case, running samples instead of just letting the pump flow), and similar production-related jobs.

      Personally, I like the idea of an individual inventor getting what he deserves instead of being shafted.

      --
      I'm not shy, I'm stalking my prey
    8. Re:Its Broke Fix it by Crashmarik · · Score: 1

      Your'e a Mechanical Engineer whats the difference between how a machine actually works, and how its supposed to work.

      In your example for a proposed lightbulb patent, do you really think he wouldn't of gotten it to work ?

      Now lets examine how our real and flawed system would work with this, and I would assert that if Edison could have gotten away with this back then he would have.

      1. Edison comes up with basic Idea of Electric light

      2. Files patent for Electrically generating light by passing current through a fillament composed of an inert refractory substance.

      3. Hears of Schwanns work on the lightbulb. Hires a lawyer and files a cease and desist, litigates, after litigation schwann is a broken man and Edison hasn't worked on the light.

      4. Edison gets back to working on the light, thinks of encasing the fillament, in inert gases, and vacum. Files extension patents.

      5. Engages in litigation against other would be lighting pioneers.

      6. Notices the Edison effect, this time patents it instead of letting it go to the public.

      7. Sues Deforest and anyone else working the emission of electrons by a electrically heated fillament in a vaccum.

      8. Deforest being the clever fellow he is comes up with a coal or gasoline fire vaccum tube. Edison still hasnt gotten the light working.

      9. Finally the Edison patents expire, instead of being known as the great inventor of the lightbulb he is known as the early founder of the RIAA, And nicola tesla is known for inventing electric lights that operate by passing high frequency currents through gas mixtures.

      YOU HAVE TO BUILD IT OTHERWISE YOU HAVENT DONE THE WORK

      You sir are a Mechanical Engineer you should know the difference between an Engineer and a lawyer. One is a worthless parasite that manipulates people the other builds machines.

    9. Re:Its Broke Fix it by Zirnike · · Score: 1
      "In your example for a proposed lightbulb patent, do you really think he wouldn't of gotten it to work"

      Without a vacuum pump? No way.

      You managed to ignore my entire point. You say "YOU HAVE TO BUILD IT OTHERWISE YOU HAVENT DONE THE WORK". Well guess what? Today... YOU CAN'T BUILD IT! Patents are the only protection an inventor has to stop them being screwed over by a company that can afford to do the work to make the idea into device. You still haven't explained how your method of granting patents protects the inventor of a idea from someone with money stealing it when he goes to get funding - the whole point of patents, promoting innovation.

      --
      I'm not shy, I'm stalking my prey
    10. Re:Its Broke Fix it by Crashmarik · · Score: 1

      What makes you think people that can't actually build the device deserve protection ?? Just because you have a lotto ticket it doesn't garuntee you the prize. I have never understood how or why this cult of entitlement got started.

      But to address your point on how would a loan inventor protect themselves from the big bad companies who spend all their time plotting how to rip off little inventors ? The answer is called a contract. The first of these would be a NDA, the second would be a noncompete or nonuse. Trade Secret laws also come in handy here.

      Seeing as you used your poor badly used grandfather as an example, lets take a closer look. Could he have built a working model of his hose retractor ? I think so. I am an electrical engineer and not particularly mechanically inclined and I know I could and probably for less than a hundred bucks. Of course in the process he would have found the problems with the device, and patented ancillary necessesities. Like the method of attachment to the hose, neans of wheather proofing the line etc.

      Ideas are a dime a dozen. Look at divinci. Would you grant him patenets ? Or how about granting Kip Thorne perpetual rights to wormhole transportation systems ?

    11. Re:Its Broke Fix it by Zirnike · · Score: 1
      "cult of entitlement got started"

      What are you smoking? You're obviously missing something incredibly important, but I can't figure out what it is. Everything is layed out nice and clear above.

      You make a design. It's a specific design, not some stupid 'one click and it's bought' crap, a real design, like I said. Specifics. You patent it. You shop it around for capital.

      NDA? Oooo... You must not work for an actual company. No one will sign an NDA until you can prove part of what you say you can do. I can't walk into the lobby of some company and say 'I have a nifty idea, I'm shopping it around, sign this NDA so I can show you', you realize. Trade secret laws don't help, you are, after all, essentially giving them away to your competitor just by showing them the idea. Coke can't show Pepsi their trade secret recipe and then get mad when they use it, you'd need an NDA... which coke could get, because they have something real to show.

      My grandfather: Sorry, but he didn't get a patent because he expected companies to be honest. A common mistake.

      "Look at divinci. Would you grant him patenets[sic]"

      On a lot of his stuff, yes. He had very specific designs. You ever see the patent for the set of railroad tracks on the top of a train, so that 2 trains going in opposite directions could pass each other on the same track (it's often found in the same section as 'silly inventions', like the automatic hat tipper)? You think he made a pair of trains to do that?

      Cult of entitlement... because someone might not like giving corporations a leg up on ruling the planet? Because someone came up with, documented, and went through the process to make sure it was examined and found workable? Just because someone didn't have the resources of the elite and had the gall to come up with an idea, anyway? You have a very skewed view of reality, if you think that's what that phrase means.

      --
      I'm not shy, I'm stalking my prey
    12. Re:Its Broke Fix it by Crashmarik · · Score: 1

      The thing thats being missed is by You. You are speaking of how the patent system should be I am speaking of how it is.

      Im glad you would award patents for things that can't be built now. I need to create a design for ink jet printed electronics or why stop there lets do a nano assembler and see if i cant keep continuations going untill someone actually builds it.

      The patent system is designed to generate work for lawyers nothing more nothing less. The only way for it to be honest and serve its propper purpose is for the damn things to be built. Its the only way overly broad patents won' get awarded, and its the only way to prevent patent blocking activities.

      A patent is no protection if you cant afford the litigation fees. Stac electronics is the classic example. The naive saw Stac's win in court as a victory for Stac and the patent system. Those in the know realised it was a victory for Microsoft, because if you werent able to raise 5 mill of risk capital have an airtight case and still come reall close to losing, it wasnt an idea to take them on.

      If you think patents as they stand protect the small guys your smoking crack. The only thing the current system has accomplished is to create yet another class of people that earn their living by cleverly manipulating the legal system.

  12. Ok, now I understand! by downix · · Score: 5, Insightful

    See, before the 1990's, patents took decades to be approved. They've now gone and made things work the other way, approving them too fast now.

    Can someone *PLEASE* find a happy medium between friggin fast and damned slow?

    --
    Karma Whoring for Fun and Profit.
    1. Re:Ok, now I understand! by Klimaxor · · Score: 1

      Yeah, how about *gasp* not letting people patent things unless they have *gasp* a complete prototype of what they WANT patented. That or very reasonable, very realisitic schematics of what is to be patented

      I wonder if anyone has patented the "Terminology and Grammatical Uses of The English Word 'Shit'"
      i could patent THAT, and sue each and every motherfucker you even mutters it, then die lonely on my 1.3 Billion Dollar Island :D

      --
      your sins into me, oh my beautiful one.
    2. Re:Ok, now I understand! by Anonymous Coward · · Score: 0

      See, before the 1990's, patents took decades to be approved. They've now gone and made things work the other way, approving them too fast now.

      It's not that they're approving them too fast now. It's that they're approving too many now.

      The decision process should be as quick as possible (within reason), but there should be a lot more rejections at the end of it.

    3. Re:Ok, now I understand! by BJH · · Score: 1

      I wonder if anyone has patented the "Terminology and Grammatical Uses of The English Word 'Shit'"

      No, because you'd want a trademark for that, not a patent.

      You know, like "This patent is a load of Shit(TM)!"

    4. Re:Ok, now I understand! by the+eric+conspiracy · · Score: 1

      Yeah, how about *gasp* not letting people patent things unless they have *gasp* a complete prototype of what they WANT patented.

      That was the law until about 1880 or so when the PTO got tired of all those little models hanging around.

      It's been tried and was a dumb idea.

    5. Re:Ok, now I understand! by dave_f1m · · Score: 1

      No, but you could probably patent the idea of using a 4-byte code (\0x53686974 I think) to convey a negative appraisal through the use of the INTERNET, using a [insert vauge description of a blog here].

    6. Re:Ok, now I understand! by Klimaxor · · Score: 1

      rather have those little models around then some nimrod with 2 grand in his pocket and napkin saying "i be lookin' for a patent on this here drawin' of a (insert big word of device that is waaay above our time and will most likely be invented in the future)"

      --
      your sins into me, oh my beautiful one.
    7. Re:Ok, now I understand! by Anonymous Coward · · Score: 1, Informative

      The reason this patent took so long is that the inventor [Lemelson] kept adding clauses. He is rather notorious for doing this. Many big corporations are angry about this, and claim that he deliberately abused the system to game the system, delay approval of his patents, and modify them to encompass work that was really developed by others.

      But of course corporations are all evil, so we can't possibly be on their side, nosiree.

    8. Re:Ok, now I understand! by the+eric+conspiracy · · Score: 1

      i be lookin' for a patent on this here drawin' of a (insert big word of device that is waaay above our time and will most likely be invented in the future)"

      It seems to me that Nimrod is the inventor if he has a drawing, regardless of whether or not he has a prototype. I mean, you can't expect any guy on the street to be able to build a communications satellite, can you? (Look up the case of Arthur C. Clarke's patent on Comm satellites).

    9. Re:Ok, now I understand! by Klimaxor · · Score: 1

      .
      . .... ..... ..
      .
      O .....

      that's what a communication satellite will look like in the year 2130, i'm gonna head to the patent office right now!

      --
      your sins into me, oh my beautiful one.
    10. Re:Ok, now I understand! by Animixer · · Score: 1

      Can someone *PLEASE* find a happy medium between friggin fast and damned slow?

      Isn't that AMD's target market? ;)

      --
      man tunefs | grep fish
    11. Re:Ok, now I understand! by Anonymous Coward · · Score: 0

      How could this be rated 5:Insightful as it is totally wrong!!! The reason it took so long to grant is deliberate action on the part of the patentee, not the patent office. If anything it takes longer now than it did awhile ago given the flood of applications at the patent office.

    12. Re:Ok, now I understand! by the+eric+conspiracy · · Score: 1

      You do realize that your patent will be expired 110 years before the satellite is built, don't you?

    13. Re:Ok, now I understand! by Felinoid · · Score: 1

      I don't know why those patents took so long but that is not normal.
      If patents took that long the inventers would be long dead before the patents were issued.

      After apple won it's look and feel patent lawsute many companys sought to cash in on software patents.

      Early in the 1990s it was believed that internet patents were the next gold rush. Take any old thing and apply it to the internet it becomes brand new and patentable. So a flood of obveous and frivilous patents came it.

      At this point the USPO was flooded with patent applications.
      Then comes the Y2K crissis and a flood of Y2K bug fix solutions. (Why patent Y2K bug fixes?)

      The USPO has more trash today than ever before.
      If we get rid of Internet and software patents the patent office won't have as much trash and can go back to properly reviewing patents. Dumping business methoud patents would help a lot as well.

      --
      I don't actually exist.
  13. legitimate use of the law by malocchio · · Score: 2, Insightful

    I understand how most people here reject the ideas of patents infringing development, and would automatically argue this is some "unjustice." But, this is a legitimate application of law. It seems this artice was biasly submitted knowing how a "45 year old patent" striking down current development would affect readers.

    Now, if patents do infact hurt productivity enough, it would be reasonable to augment/abandon patent laws. Nevertheless, one must keep in sight the nature of patent laws: protection of developers.

    1. Re:legitimate use of the law by mangu · · Score: 1
      But, this is a legitimate application of law


      Hmmm, hardly so. If you read the descriptions, both patents can be applied to the act of lighting a fire with a match. Prior art, anyone?

    2. Re:legitimate use of the law by malocchio · · Score: 1

      But the patents are still in place, aren't they? Correct me if I am wrong, but if a patent exists, the patent holder does hold rights to the methods described by that patent. Thus, sueing would be legitmate under the law.

      What you are doing is changing the question, challenging "should this patent exist," when infact it does exist.

    3. Re:legitimate use of the law by SquarePants · · Score: 2, Insightful

      Well, that is what we do here at /. Just because something is legal doesn't make it right.

      In fact, the practices of the inventor in question, among others, of keeping patents pending forever (called "submarine patenting") led to changes in US patent law making it no longer worthwhile to do so.

      So this troublesome "challenging" which you are critizising led to improvements in the law that closed a loophole for abusers of the patent system.

    4. Re:legitimate use of the law by Waffle+Iron · · Score: 1
      I hope you've got plenty of blankets for this coming winter. It's going to be a cold one without fire for heating. Also, I hope you're not planning on going too far for the next few years. If you fire up your internal combustion engine, you could be sued.

      Those are tough breaks for all of us, but it's all worth it to protect this inventor. Think of how many new innovations he'll come up with now that he's finally going to get just payment for his discovery of fire.

    5. Re:legitimate use of the law by malocchio · · Score: 1

      Just because something is legal doesn't make it right.

      I agree, neither did I say, nor imply agreement.

      From my original post:
      Now, if patents do infact hurt productivity enough, it would be reasonable to augment/abandon patent laws. Nevertheless, one must keep in sight the nature of patent laws: protection of developers.

      Keeping that in mind, what I challenge is mindless bitching about things that aren't fair; I was demanding in my original post for someone to argue why this was wrong and what should be done about it, not just the former.

    6. Re:legitimate use of the law by the+eric+conspiracy · · Score: 1

      If you read the descriptions, both patents can be applied to the act of lighting a fire with a match. Prior art, anyone?

      Descriptions have NOTHING to do with what the patent covers. If you want to figure that out, you have to look at the claims.

      IE.

      What is claimed is:

      1. A method for effecting a select high temperature reaction comprising:

      a) generating high temperature plasma radiation,

      b) directing said high temperature plasma radiation through a reaction zone,

      c) continuously flowing particles of matter to said reaction zone,

      d) transferring sufficient heat energy from the high temperature plasma in said reaction zone to said particles of said matter passing into said reaction zone to effect a high temperature reaction with respect to the matter of said particles and to cause the formation of a plurality of select products of reaction, and

      e) continuously separating said select products of reaction form each other after flowing same downstream of said reaction zone.

      and :

      What is claimed is:

      1. Chemical reaction apparatus comprising in combination:

      (a) first means for forming a first stream of first matter and flowing said first matter in a given direction along a selected path,

      (b) second means for generating a beam of collimated coherent radiation,

      (c) third means for directing said collimated radiation beam along a path to cause it to intersect said stream of matter and to transfer sufficient energy of said beam to a quantity of said matter so as to effect a chemical change in said matter,

      (d) fourth means for controlling the conveyance of said first matter after it has undergone a reaction as a result of the transfer of energy thereto from said radiation beam to carry the products of reaction to a select location.

      ---------------

      In other words, given the priority dates for these inventions, there is not a lot of likelihood that you are going to find prior art.

    7. Re:legitimate use of the law by Flower · · Score: 1

      There's the letter of the law and spirit of the law. This may be legal but it is an obvious abuse. The only just outcome is to have the patents invalidated to set a precident insuring this will not happen again.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    8. Re:legitimate use of the law by jmv · · Score: 1

      Nevertheless, one must keep in sight the nature of patent laws: protection of developers.

      Actually, patents were originally created as a way to promote publication of knowledge, not as a means of protection. One way of another, when it comes to (software at least) patents, none of them has been reached.

    9. Re:legitimate use of the law by Bluelive · · Score: 1

      Maybe its time for some examples of patents that have been used to protect someone/thing that we can have a positive reaction to.

    10. Re:legitimate use of the law by Qzukk · · Score: 1

      What should be done about it?

      First, lets start with "Patent Office employees get paid a flat salary". This will prevent them from signing patents into law just for the bonuses they receive. (They receive no commission for rejecting a patent). If this is just soooo unbearable an idea, how about anyone who grants a patent that is later overturned due to prior art loses their bonuses for a year.

      Second, the attacker is required to pay in order to file a claim against a patent. You can have all the prior art in the world, but if you can't get the money to hire a patent attorney and all the associated fees with filing against the patent, the patent still stands. As someone else posted here said, the fees for cancelling a patent can top $500k, if the patent holder appeals. Since the patent office screwed up, why not have the Patent Office pay these fees if the patent they granted is found to be invalid.

      Next, a "narrowing scope" rule. If you apply for a patent and it is found to be too broad, any subsequent appeals must not add any functionality to the original patent. If you wish to add a claim that did not appear on the original patent, you start over with a new patent application, from the beginning. (This will prevent people from modifying their claims list to include features of other peoples' products during the application phase, thus having new technology under an older filing date.)

      A three-strikes rule of some kind: If you can't write a patent that will be accepted in N tries or maybe Y years, its not patentable. Find something else to build. This will prevent people from intentionally keeping their patent pending until someone else implements it for them.

      Finally, bite the bullet and create the dreaded Software Patent class. To prevent crazy amounts of abuse, this class has the following restrictions: A 6-month development lead time (normal patents have a 1 year lead time... the inventor is assumed to have invented their product within a year of the filing date, so prior art within that year isn't acceptable for overturning the patent). A 3 year life, renewable for 3 more for a maximum of 6. (better reflects the speed of tech development). Existing "Business Method" patents must be moved to the "Software" class in order to litigate against a software program. In doing so, the patent will live for a minimum of three years from the transfer date, renewable until a maximum of 6 years from the original filing (thus a 20 year old patent gets 3 years and no renewal). Software patents cannot be used against non-software implementations, and cannot be patented in more than one category or transferred back to the business method category.
      [Honestly, abolishing the business method patents would be the real winner, but do you think the greed-soaked government would do such a thing?]

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    11. Re:legitimate use of the law by Qzukk · · Score: 1

      Whoops, I knew I was forgetting something somewhere. Add in "compulsory implementation" for patents (note, not necessarially licensing) If the patent holder is not going to implement patent X, then the holder must license patent X to at least one interested entity. (If no-one is interested, then who cares?). I'm still out on whether or not this should allow exclusive licensing contracts. On one hand, the standard argument of "the purpose of patent law is to provide a monopoly" says that an exclusive contract would be just fine. On the other hand, I'd rather see no monopoly, but the inventor getting royalties from the competing sources. Perhaps some sort of RAND licensing requirement as well, but then someone would have to legislate what RAND actually means.

      Anyway, the purpose of this is to prevent, say, Exxon from patenting an engine that can run hundreds of miles on a cup of gasoline, and then prevent everyone from implementing it, since it would hurt their oil business.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  14. Backdated? by realdpk · · Score: 0

    I thought issue dates were backdated to the time of filing? Maybe I've been misinformed..

    1. Re:Backdated? by SquarePants · · Score: 2, Informative

      Backdated is not really a good word for it. Patents filed from 1995 forward have a life of 20 years from the date of filing (not issue). This patent was filed before 1995 and therefore it has a life of 17 years from the date of issue.

  15. The patent system is broken beyond repair by mikeophile · · Score: 5, Informative
    Here's how Syndia (and others) are able to keep their patents "on-hold" for an indefinite period until they see an opportunity to bash a company over the head with it.

    This quote is from Yale Office of Cooperative Research

    One somewhat sneaky but perfectly acceptable way of using continuation applications is to make sure that the disclosure of an original patent application is always pending. Because an unlimited number of continuation applications may be filed, the only requirement being that at least one application in the chain of continuation applications is still pending, it is possible to keep a chain of patent applications alive for a long period of time. This is useful when a technology field is crowded and there are several competitors, and when it's not really certain exactly what the competitor will try to bring to market.
    1. Re:The patent system is broken beyond repair by SquarePants · · Score: 5, Informative

      You can't do this anymore. Patents filed after 1995 run for 20 years from the date of FILING. There fore, the longer a patent is pending, the shorter its effective term. This practice, called "submarine patenting" was, in part, the reason. By the way, the inventor of thios patent, Jerry Lemelson, was famous for doing this (he is now dead)

    2. Re:The patent system is broken beyond repair by Anonymous Coward · · Score: 0

      Yes, and if you follow the links to the patent claims, you will see that Lemelson was the filer of these!

    3. Re:The patent system is broken beyond repair by PMuse · · Score: 1

      Thank you for pointing this out. I was dreading reading the 37 knee-jerk submarine-patents-outta-be-illegal responses. ;)

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  16. Patents by Zarxos · · Score: 0, Offtopic

    You know, you can make a lot of money off of patents. I know that was a story just a little while ago here on ./, but I just heard the other day that one of my grandpa's friends sold a patent to a big company back in the 20's and got tons of money for it. Just goes to show you that if you get lucky you don't necessarily have to work for your money. :)

    1. Re:Patents by jamesh · · Score: 1

      The whole idea of a patent is to protect a person/company who has poured time and money into researching an idea. With a patent, they can make sure they can recoup their expenses and that nobody will rip off the fruits of their efforts without paying some contribution.

      If you were on the board of a large company, would you vote to spend a bazillion dollars on research when you knew full well that once the research was complete, anyone could rip off the outcome and profit from it?

      If patents didn't exist, research in the private sector would pretty much stop. Your grandpa's friend shouldn't have been granted a patent for simply having an idea, a patent should be granted for recouping the time and money spent on researching and developing an idea. If it turns out he did spend time and/or money on it, then he did work for his money afterall.

      oh yeah, another change i'd suggest is that a patent should only be transferable to a party who is willing to develop the idea. If they buy it and sit on it or just litigate anyone else who uses it then it should become public property after a short time (say, 5 years, much shorter if they are litigating but not developing). (i know, probably a little bit too idealistic :)

      imho.

  17. Rather broad patent, don't you think? by Anonymous Coward · · Score: 0

    "radiant energy, such as a laser" (or sunlight?? how about burning a dead tree??)...sorry, thought that was funny.

    Sounds like the patent office or patent holders (due course) are at fault on this one. I see big bucks in the counter suit if there is one. This kind of intimidation of anothers customer base be nipped in the bud now before it becomes a big problem.

  18. Rest of quote by mikeophile · · Score: 4, Informative
    Competitors will often review the claims of an issued patent to determine how to make a competing product that does not infringe the patent, referred to as "designing around" a patent. In this case, the initial claims of the original patent may not be effective in maintaining the monopoly power of the patentee regarding the invention. By filing additional continuation applications whenever an existing patent application is to issue as a patent or whenever the prosecution of an existing patent application is to be terminated, an applicant can make sure that a continuation patent application claiming priority from the original application is always pending. Then, if a competing product is ever produced, the claims of the pending continuation application can be amended, or another continuation application can be filed, so that the claims clearly cover the competing product, ensuring that the product will infringe the new claims.
    1. Re:Rest of quote by abe+ferlman · · Score: 1

      You forgot the rest of it:

      "Once you've safely eliminated your competition by forcing them to sell you their company for pennies on the dollar in the infringement suit settlement, you can proceed to seduce their barely legal daughters, release cockroaches into their ventilation systems and piss on their shoes, none of which is strictly illegal but you've already proven you're a giant dick so why not?"

      We wouldn't want the former part taken out of context, would we? Tsk-tsk.

      --
      microsoftword.mp3 - it doesn't care that they're not words...
  19. Re:GOOD!!! by malocchio · · Score: 4, Funny

    I'm bloody sick of SHIT made in turd world countries....

    Third world countries are defined as being export-only, pre-industrial nation states. If things werent made and exported from third world countries, they wouldn't be third world countries, now would they?

    Go read a book.

  20. Mercedes invented the Horseless carriage by wukie · · Score: 0

    and as for the wheel...

  21. Bread by wideBlueSkies · · Score: 4, Funny

    So far we have patents for Fire and the Wheel.

    I'm going to claim the patent for Baked Bread.

    I guess the first company I'm going to SCO is McDonalds. They have untill Friday to stop making hamburger rolls. Otherwise I'm going to revoke their license.

    Then after I take out the big guy, I'm going to go after Wonder Bread.

    --
    Huh?
    1. Re:Bread by sogoodsofarsowhat · · Score: 1

      See and all I want is the Patent on SLICED BREAD! :) Of course i will be filing additional patents for Sandwichs and Toast :)

      --
      . I love the sound of burning women and screaming rubber....
    2. Re:Bread by Zak3056 · · Score: 1

      I'm going to claim the patent for Baked Bread.

      Wow! That's the best idea since sliced.... err, never mind.

      --
      What part of "shall not be infringed" is so hard to understand?
    3. Re:Bread by muonzoo · · Score: 2, Funny

      Hmm...

      Then after I take out the big guy, I'm going to go after Wonder Bread.

      And how, exactly would Wonder Bread be infringing on a patent for baked bread?! Wouldn't it have to be bread?

      I mean ... look that that uniformity! -- that cannot be real bread.

    4. Re:Bread by Jonner · · Score: 1

      You think that's bad? My favorite is on this page. Notice how the light bread is "made with fibers from natural sources." What are their time tested products made from? Also, notice how poorly designed is the "web" site. It's all images. It doesn't affect me too much on DSL, but I pity the dial up users.

    5. Re:Bread by Giggle+Stick · · Score: 1

      That link is to an image named holybread.jpg. I was trying to figure out what was so holy about it. Maybe without the big holes in it, it's not considered leavened, so it can be used as communion wafers or during passover.

      Oh, wait, they didn't mean 'holey' did they?

  22. This is "Evil" by Anonymous Coward · · Score: 2, Funny

    Taiwan should just fire the fricken' "lasers" anyways. Screw the patents

  23. I hate people by Anonymous Coward · · Score: 0

    1) A patent filed in the 50s wasn't granted until 1987? What a bureaucratic nightmare.
    2) Yet another patent which 'protects' an absurdly obvious technique.
    3) The patent holder tries to sue, even though technology has made the patent long obsolete.

    Why do I have to share the planet with such idiots?

    1. Re:I hate people by Anonymous Coward · · Score: 0

      Don't worry, the world is crazy and you likely are not. When big money gets in the middle of it everybody concerned becomes stupid.

      PR=pychology=an aggressive and ever increasing form of mind control.

    2. Re:I hate people by Anonymous Coward · · Score: 0

      Heh, I guess that would explain the genicidal chase of the "lone wolf". And so rarely have I seen real cases involving genuine "lone wolves".

      "Ravenous wolves in sheeps clothing" was aimed at teenie bopping girls with strawberry lips.

      More unpopular retoric:

      It's not because your a woman, it's because your a moron.
      FBI psychology is another form of the Occult.
      Concervative psychology is the bible without God.
      Equity in reproduction will likely be the second great human right issue of North America.

      And what do you know, the mods at /. are reinforcing closed source mentality.

    3. Re:I hate people by triumphDriver · · Score: 1

      Maybe the patten office is run under contract by the Phone Company in Bangladeshi.

      http://news.bbc.co.uk/2/hi/south_asia/3014674.stm

      --
      I grew up in the Fulda Gap, where did you?
  24. What this patent is. by hackwrench · · Score: 2, Funny

    So they patented the use of a magnifying glass to start a fire.

  25. Rubbish, patents protect years of research! by wukie · · Score: 4, Informative

    You avoid any patents on anything you have dreamed up by PUBLISHING IT, even on the internet!

    No matter how stupid it sounds, put it in writing, crude drawings or both.

    Once you publish, it's PRIOR ART and unpatentable!

    1. Re:Rubbish, patents protect years of research! by OeLeWaPpErKe · · Score: 1

      Except of course for the small detail that getting a court to accept your prior art and invalidate a patent costs on average $500.000. (if it is appealed all the way up to the supreme court, which it will be for obvious reasons)

      Have any spare change lying around ?

    2. Re:Rubbish, patents protect years of research! by Anonymous Coward · · Score: 0

      Along with your published work on the internet, you can have a PayPal "donate" button for the impending legal fund.

  26. Re:GOOD!!! by tomstdenis · · Score: 5, Insightful

    The irony which you have to admire is that US citizens hate importing shit cuz they lose jobs. But US industry loves it because instead of paying a skilled labourer say 15$/h or whatnot they can get a way with "we won't kill your family today" as a wage in a third world asian country.

    What I don't get though, aren't US industry leaders also US citizens? So basically they steal jobs from their neighbours to support slave labour. And we admire these people as "famous CNN headshots" because???

    Tom

    --
    Someday, I'll have a real sig.
  27. Most patents cost you heaps! by wukie · · Score: 1

    99% of Patents are just wasted money, the other 1% are from years of work or just good luck.

    If it was easy, everyone would be doing it!

  28. Workaround? by istartedi · · Score: 2, Funny

    a flat, cylindrical object

    Well, you could play off the semantics of "flat" and say that their patent only applies to objects that fit within the 2-d plane. However, the judge might not buy that. Instead, they may choose the more common definition of "flat" which is that the object has a surface that appears flat to the naked eye, or can be verified flat within some industry standard number of angstroms.

    The more obvious workaround?

    Mill all your wafers into N-sided objects.

    If N is sufficiently large, you don't lose much viable surface and you void the patent. I say, choose 69-agons. You know. To screw their patent.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  29. Hrmm, how is this so? by pstreck · · Score: 2, Insightful

    It was my understanding that U.S. patents were only applicable within the U.S. Can someone please clarify?

    --

    Later,
    Phil
    1. Re:Hrmm, how is this so? by SquarePants · · Score: 4, Informative

      I haven't read the article (my bad!) but a U.S. patent gives you the right to sue importers of infringing goods. I assume the two Taiwanese companies were importing their "infringing" chips into the U.S.

    2. Re:Hrmm, how is this so? by Anonymous Coward · · Score: 3, Funny

      As of recently, US = The World

    3. Re:Hrmm, how is this so? by Anonymous Coward · · Score: 0

      The break down is pretty much global trade.

    4. Re:Hrmm, how is this so? by CBravo · · Score: 1

      In other news, mister O.B. Laden was charged with patent infringement. A Boeing representative later commented: "putting an explosive device into a immovable object is patented by Boeing. Our rights were clearly infringed upon."

      --
      nosig today
  30. Thats a lot of Pending by m0rphm0nkey · · Score: 5, Informative

    I've been researching my own patent recently so this is interesting.

    Wow, so they managed to keep it pending for 40 or so years. Most impressive. I understand it's actually better to do it that way because once you patent the technology becomes available for reverse-engineering. I thought you could only keep it patent pending for about six years though.

    It appears that you can but that the legal ground is a little shaky. Current jurisprudence appears to indicate that this'll get thrown unless unless the chip company caves and settles.

    1. Re:Thats a lot of Pending by jeffasselin · · Score: 1
      Current jurisprudence appears to indicate that this'll get thrown unless unless the chip company caves and settles.

      I'd be surprised to see them settle, since it's TSMC, one of the biggest chip manufacturer in the world, their products are found in everything from computers to toasters...

      No, really, it looks like the plaintiff is trying to pull a SCO.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    2. Re:Thats a lot of Pending by angle_slam · · Score: 1

      Notice that the inventor mentioned in the article you linked to is Lemelson, the same inventor described in the /. article. Lemelson is famous for his "submarine" patents.

  31. Re:With a Friggin Deathgrip on Government by FFFish · · Score: 5, Interesting

    Ever notice that most of those people who are in power are ex-lawyers?

    Ever notice that contract language has grown increasingly more complicated over the years, as a means of ensuring lawyer income?

    Ever notice the increase in responsibility-declaiming lawsuits over the years, as lawyers take any bullshit to court as a means of ensuring their income?

    Ever notice that judges are allowing more and more of these cases, as a means to ensure their continued employment?

    It's the slow death of a society, crushed by the weight of a useless population of lawyers who can only feed off the harm they cause to others.

    We want to save ourselves, we gotta fire up those frickin laser beams already. Time for some BBQ!

    --

    --
    Don't like it? Respond with words, not karma.
  32. and in related news by curtlewis · · Score: 3, Funny

    Another patent infringement lawsuit has been filed by Wonder, Inc. against Orowheat and Kilpatrick's. Wonder alledges that the firms violate it's patent which covers presentation and packaging of bread products that have been uniformly cut into what they call "slices."

    1. Re:and in related news by SquarePants · · Score: 3, Funny

      While on the subject, here is my favorite stupid patent:
      http://patft.uspto.gov/netacgi/nph-Parser ?Sect1=PT O1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm &r=1&f=G&l=50&s1=6,080,436.WKU.&OS=PN/6,080,436&RS =PN/6,080,436

      That's right, they patented toast, really hot toast!

    2. Re:and in related news by SquarePants · · Score: 2, Informative

      Oops!. Here is the link for the patent for toast

    3. Re:and in related news by Jaysyn · · Score: 1

      Primary Examiner: Bhat; Nina

      This woman should be stoned to death, she damn sure shouldn't be allowed to breed.

      Jaysyn

      --
      There is a war going on for your mind.
    4. Re:and in related news by m0rphm0nkey · · Score: 1

      Yeah they'll probably start small by going after "eat at joes" and see if they can work the settlements in to jurisprudence for the big litigation with IHOP.

      Har.

  33. This reminds me how I was at burger king by Anonymous Coward · · Score: 0, Interesting

    yesterday waiting in line for onion ring sauce for my onion rings and this little kid came up behind me and asked for a simpsons watch and i was like "hey punk where are you goddamn manners" and his dad came up behind me and he thought he was a tough ass because he was driving a ford f150 with the calvin windows decal pissing on the dodge logo and i said "look motherfucker my pythons are registered weapons with the federal government" and he said "yeah sure" so i socked him in the gut then in the face and then stomped on him about 672 times while his kid and girlfriend watched and then i ran off with his boots

    1. Re:This reminds me how I was at burger king by Anonymous Coward · · Score: 1, Insightful

      Dude, I was there! That guy suffered a concussion and punctured lung and went home in an ambulance (well, right after I got done pissing on him).

  34. Re:GOOD!!! by malocchio · · Score: 1

    What I don't get though, aren't US industry leaders also US citizens?

    They are, but don't forget social stratification. US industry leaders identify with a class much higher than blue color workers, so it is easy to understand how they might forget about the pains suffered by American workers--not to mention unemployed American workers.

    they steal jobs from their neighbours to support slave labour is that this sort of system consequently instigates the Marxist concept of wage-slavery, making domestic workers more and more dependent on their job to survive--taking check advances, bouncing checks, typical "robbing peter to pay paul" elements of lower-middle class family economics-- while the fear of losing their jobs resinates in the backs of their minds!

    Its disgustingly unfair, but what would be?

  35. You sound like the idiot by wukie · · Score: 3, Insightful
    One of the first rules for dismissing any patent is "lack of invention", followed very close behind is: the invention "must not be obvious".

    Where do people like you come up with such rubbish. These people who applied for the inventions were "way" ahead of their time. Look at the year of their filing. Unbelievable!

    Things are obvious to you because someone else did the hard work and showed it to you. Go and do something original just once in your life.

    It's the patent office's fault for taking so long to approve the patent that is the real problem.

    1. Re:You sound like the idiot by Anonymous Coward · · Score: 0

      Abuse of the law is treason in the grossest form.

    2. Re:You sound like the idiot by dsgrntlxmply · · Score: 2, Informative

      You cannot make any such conclusions from the face of the issued patent. You would have to examine the "wrapper" (file history of the application) to learn the real story.

      Lemelson is infamous for these sorts of "submarine" patents, kept on the slowest of snail's paces in the examination process by amendment after amendment.

      After enough iterations over the years, the application is finally allowed to gel on some concept just a little ahead of the documented state of the art, and the hook is set.

      Then the patent gets issued and the shakedown begins.

      Now that changes in patent law have applications being published some reasonable interval after being submitted, submarining should be much more difficult to perpetrate.

    3. Re:You sound like the idiot by Flower · · Score: 1
      RTFA. The problem is the application process was kept in limbo until such a time that the method was no longer novel. This was done by the people filing the patent - not the patent office.

      I'm more than willing to concede that the patents should have been issued. I'm not willing to concede that they should be valid at this point in time.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
  36. Get over yourselves by SlugLord · · Score: 1, Interesting

    Patents are not the source of all evil.

    Patents are the only reason large companies invest money in researchers instead of just building whatever widget everybody else is building.

    This is a perfectly valid exercise of intellectual property rights. Yes, the point in this case is probably to get money from a competitor, but that's business. The patent was forced into a pending status to increase its lifetime, but who cares? That loophole was closed. Frankly, I'd be more concerned about this patent applying to laser printers than some taiwanese chip manufacturer, but maybe it doesn't apply. IANAL.

    1. Re:Get over yourselves by DarkMan · · Score: 2, Insightful

      This patent has moved from the period where it was a novel, and powerful innovation, into textbook area. Part of the problem with software patents is that this take a year or so, compared with the 18 years patent life.

      With chemistry, your looking at 15-20 years. That's one of the reasons why there is so much chemistry research - the patent lifespan is just right in that field.

      The delaying of the patent for so long has crippled the use of this technique. This was not by bad buerocracy, but by deliberate intent. It is this deliberate intent to delay the onset of the patent that I object to - as this technique, novel and non-obvious in the 1960's, is commonplace now. The patent would have been, on balance, a good one in its time.

      The loophole was plugged - to prevent more of this in the furture. The detritus from it's existance needs to be delt with.

      Oh, and the patent does not apply to laser printers. It's quite specific about collimated beams of energy, and streams of matter to undergo chemical raction. Laser printers do not have a stream of matter, as defined in the patent. There is a reaction, which might be defined as chemical, on the photosensitive drum. However, I'm quite sure [0] the the motion of the drum will not qualify as a stream of matter.

      [0] I'm not a patent lawyer. This is not legal advise. For legal advise, consult a professional liscened in your juristriction.

    2. Re:Get over yourselves by Anonymous Coward · · Score: 0
      Patents are not the source of all evil.

      You, are, of course, correct.

      Patent Lawyers are.

  37. Re:GOOD!!! by tomstdenis · · Score: 1

    "Its disgustingly unfair, but what would be?"

    Job localization makes sense though. The US needs more chips then say food, [insert third world nation] needs more food than chips. So why not have the US make the chips they themselves need and have other "third world nations" make things they need [infrastructure, food, etc.]

    Not only does this model address the direct needs of the people [e.g. food is nice] but it also fulfills the employement needs. As more US citizens use tech stuff they will have jobs available to make the tech stuff they use.

    Of course this doesn't make any short-term business sense so I guess that's why companies are willing to degrade their country for the almighty buck...

    Tom

    --
    Someday, I'll have a real sig.
  38. OT:Bread by fireman+sam · · Score: 1

    Problem with that is McDonanlds does not make their own bread. You would have to go after the suppliers. But you could try to patent the process for delivering two all beef patties, special sauce, lettuce, cheese, pickles, onions on a sessame seed bun (*) if I hadn't filed that patent.

    (*) Patent Pending since 1987

    --
    it is only after a long journey that you know the strength of the horse.
  39. I'd love to stay and converse. by vegetablespork · · Score: 1, Funny

    But I have to get to Crucial and place an order for some DRAM before the prices take off.

    --

    Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

  40. Re:Something is fishy by SquarePants · · Score: 1

    Do YOU ever read? The patents issued at the end of along chain if continuation applications filed in the 1957 and 1964. So the article is correct. Sometines you have to read more than the abstract ... oops, I forgot this is slashdot!

  41. In SOVIET RUSSIA... by BJH · · Score: 2, Funny

    So, there's this Russian guy, and he like files this patent, and then, y'know, he's like told that it'll take 45 YEARS for the patent to come through, and so he, uh, asks the Patent Office if it'll be the morning or the afternoon, and they say "Why?", and, he like goes, "Well, I've got a whole bunch of LAWYERS coming round in the afternoon."

    Except he's not Russian, he's American. So I guess in CORPORATE AMERICA, lawyers patent YOU! ...and just about everything else.

  42. You said SCO! by Anonymous Coward · · Score: 0
    Thanks! I needed that, but I need MORE

    It's been over 24hrs since my last major SCO fix.

    I am going threw major withdrawal!!!

    1. Re:You said SCO! by I+start+fires · · Score: 0, Troll

      I am going threw major withdrawal!!!

      ha ha, you idiot!!! You might as well have spelled it thru!!!!!

      Stupid!

      --
      "I've been called worse things by better people." -Pierre Elliott Trudeau after being called an asshole by Richard Nixon
  43. Copyright is the only protection developers need by Vicegrip · · Score: 1

    The ability, on the otherhand, to acquire a monopoly on an algorithm is demonstratedly detremental to innovation. There is a large body of software out there, for instance, that cannot implement functionality because of patent encumberance and the cost penalty incurred thereof.

    Monopoly grants, because this is what patents are, are dangerous for many reasons. Prior to when they were opened up to a "free for all" the purpose of patents was to provide a means for bringing into the public domain -- real inventions -- whose creators otherwise would want to keep secret and never reveal.

    What programmers need and already have is control over who can copy their code/product. Preventing the rest of the world from re-implementing any process or idea of something based on the debatable notion of who registered it first is a farce in any analysis.
    Monopolies are bad for business, bad for the consumer, and bad for capitalism. The government has no business authorising them except in extreme/public-interest cases wherein they should also be closely regulated.

    --
    Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
  44. Isn't there a statute of limitations? by Tsu+Dho+Nimh · · Score: 1

    Did they lose them under a filing cabinet or what? I thought there was a time limit between filing and granting ...

  45. Re:GOOD!!! by malocchio · · Score: 2, Interesting

    It seems to make sense, however when you say, "So why not have the US make the chips they themselves need and have other "third world nations" make things they need [infrastructure, food, etc.]" you run into a fundamental problem: Third world countries lack the means of organized production and funding for such production to manufacture the things they need. In the global economy, the only option that exists for them to approach industrialization is to export for x ammount of years until they've allocated enough capital to develop themselves as an industrial state. But when that happens, they rely on some other existing third world country for the raw materials suitable to their particular production.

    Have any other suggestions?

  46. Re:Do what I did.. by Billobob · · Score: 0

    2 posts? karma whore :P

    --
    If you have to ask, you'll never know.
  47. Sometimes B flat by yerricde · · Score: 1

    Flat == 2D; Cylindrical == 3D

    Flat can be generalized to 3D objects by metonymy. To me, if the dominant surfaces of a 3D object are flat to within tight tolerance, then the object is "flat". Paper is 3D, but most people consider it "flat". A table can be "flat". A CD is "flat". Any other disc or washer with a radius much larger than its thickness can be "flat".

    --
    Will I retire or break 10K?
    1. Re:Sometimes B flat by Anonymous Coward · · Score: 0

      Right. Dark is to bright, like flat is to thick

    2. Re:Sometimes B flat by Klimaxor · · Score: 1

      okay, i see your point there, but really, are tires (when properly pumped up, heh) flat? I haven't bought a set of tires that had a flat surface. The tread is a buncha little flat plateaus if you wanna get that technical, and the walls of the tires bulge out a little, so that's not flat either

      --
      your sins into me, oh my beautiful one.
  48. wrong patent number by CausticPuppy · · Score: 5, Funny

    Actually the wheel was patent #2, not #23663589.

    Patent #1, of course, was "a method of rapidly oxidizing combustible materials using concentrated heat and oxygen."

    And the "wheel" came before patent #3, which was "A method and appararatus for creating regular rectangular subdivisions of a yeast byproduct-enhanced grain based matrix."

    --
    -CausticPuppy "Of all the people I know, you're certainly one of them." -Somebody I don't know
    1. Re:wrong patent number by red+floyd · · Score: 5, Funny

      And the "wheel" came before patent #3, which was "A method and appararatus for creating regular rectangular subdivisions of a yeast byproduct-enhanced grain based matrix."

      Wow! That sounds like the neatest thing since sliced bread!

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    2. Re:wrong patent number by clem · · Score: 5, Funny

      So the #1 patent wasn't "business model where sexual favors are exchanged for goods or favors"?

      --
      Your courageous and selfless spelling corrections have made me a better person.
    3. Re:wrong patent number by PD · · Score: 1

      That's a patent on a business method, and sensibly, the ancients didn't allow patents on that.

    4. Re:wrong patent number by cpuffer_hammer · · Score: 3, Funny

      No that was going to be #0 but it was not accepted out for being to obvious. Though the inventor claims that the examiner was biased by favors of the compaction. The inventor then set out to create an other legal structure to protect the concept. Patent #0 was eventually given to a non-human entry for a advanced system for range finding, high speed communication, and illumination based on invisible waves moving at C. Though though there was some debate about the vagueness of the application.

    5. Re:wrong patent number by drdale · · Score: 2, Funny

      And the "wheel" came before patent #3, which was "A method and appararatus for creating regular rectangular subdivisions of a yeast byproduct-enhanced grain based matrix." When I first read this I was really puzzled, because I was imagining rectangular beer cans...

      --
      This post is dedicated to all of those /.ers who do not dedicate their posts to themselves.
    6. Re:wrong patent number by Anonymous Coward · · Score: 0

      I hate to correct your history, but patent #1 (IIRC) is for a method of converting monetary and/or valued goods for sexual release.

    7. Re:wrong patent number by Anonymous Coward · · Score: 0

      Nah, That was #4, when they realised "man does not live by bread alone".

    8. Re:wrong patent number by Sanga · · Score: 1

      that was patent #0.

      Damn these new whipper snapper script kiddies. Back in the day we started counting at 0 dammit.

    9. Re:wrong patent number by clambake · · Score: 1

      So the #1 patent wasn't "business model where sexual favors are exchanged for goods or favors"?

      Prior art.

    10. Re:wrong patent number by basser · · Score: 0

      I believe you are mistaken.
      The wheel has been patented by an Australian.
      Check it out at Ananova Report
      The patent no for those interested is #2001100012.

    11. Re:wrong patent number by J.+Random+Software · · Score: 2, Informative

      A better story:

      Eureka! You've just invented time travel. But the awful truth is that you're not alone. In fact, scientists have been inventing time travel since 1814.

      But if you have a time machine, it really doesn't matter who invented it first. All that matters is who gets to the Patent Office first. And by "first" we mean on opening day. Because nothing suits a time machine like US Patent Number 1.

    12. Re:wrong patent number by ajs318 · · Score: 0, Offtopic

      What is this thing about sliced bread?

      Anyone who has ever tasted home-baked bread, or even bread bought from the instore bakery, knows that store-bought sliced bread is absolutely minging.

      There are a great many things better than sliced bread. {Of course, by baking my own bread at home I'm probably commiting some kind of theft, since I am depriving the bakeries of an opportunity to sell me a loaf.}

      --
      Je fume. Tu fumes. Nous fûmes!
    13. Re:wrong patent number by N+Monkey · · Score: 1

      So the #1 patent wasn't "business model where sexual favors are exchanged for goods or favors"?

      Well... patents generally require diagrams and this one got lost when the examiner decided to hide it in the bottom drawer ...

    14. Re:wrong patent number by Anonymous Coward · · Score: 0

      And lo, did the Lord create light, and it was good.

      And lo, did man patent light, sue the Lord, settle out of court for an undisclosed sum, and it was better.

    15. Re:wrong patent number by Anonymous Coward · · Score: 0
      Wow! That sounds like the neatest thing since sliced bread!

      What's so good about sliced bread anyway? I'd much rather have my bread in one piece so I can cut off as big of a hunk as I want to. What's next, sliced butter?

    16. Re:wrong patent number by della · · Score: 1

      Actually, looks like sliced bread has a patent number around #200. Probably, that could be the neatest thing *before* sliced bread.

      --
      -- Matteo
  49. Lemelson Notorious Patent Abuser by Anonymous Coward · · Score: 1, Informative

    Lemelson "the Patent King" was notorious for abusing the patent system. Articles discussing his abuses can be found in many publications. Perhaps the most comprehensive article on him is in Fortune: http://www.fortune.com/fortune/investing/articles/ 0,15114,373291-3,00.html Defenders against these frivolous patents have a website at: http://www.lemelsonpatents.com/

  50. Re:Something is fishy by MushMouth · · Score: 1

    No shit, but what do the original patents say? They could be completely different. My guess is that he had an idea, tried to patent it, but the technology wasn't there yet, then he revised repeatedly until it was. This is a very standard practice

  51. Re:GOOD!!! by tomstdenis · · Score: 2, Insightful

    No offense, but countries like china have existed for thousands of years before the West came about.

    It seems only after the west has tried to "modernize" [re: exploit] nations like china that these "sudden problems of infrastructure" have appeared.

    Also from a "nature" standpoint if a piece of land cannot sustain human life, maybe, just maybe, humans shouldn't live there.

    However, if the land cannot sustain life because urban sprawl [re: Canada] or Nike Factories [re: China, Taiwan, etc] have sprung up then that's hardly a problem of the country.

    Essentially the solution is two pronged. Both sides have to simultaneously cut off dependencies for this to work. If say the US cuts off from the other nations before they setup farming, etc then they're screwed.

    What it really boils down to is greed.

    Tom

    --
    Someday, I'll have a real sig.
  52. Jerome Lemelson "The Patent King" expose by Anonymous Coward · · Score: 5, Informative

    These patents were created by Jerome Lemelson "The Patent King" Fortune Magazine ran a very long article on his exploits two years ago:

    It would be appealing to view Lemelson as part of the great American tradition of the small inventor battling the rapacious corporation. Certainly there have been plenty of people who have seen him in this light. The distinguished writer Tom Wolfe once hailed him as a "genius" in a laudatory article. Two of the most prestigious institutions in the country, MIT and the Smithsonian, have allied themselves with his name. To many small inventors, Lemelson is a figure of heroic proportions.

    Lemelson may well have been a genius: He earned 558 patents (some came after his death), which leaves him four places behind the inventore-di-tutti-inventori, Thomas Edison. But his was a different kind of brilliance altogether. In truth, his most lucrative patents were the product of a masterful exploitation of the patent system, and they created a huge legal web that to this day ensnares corporations. Critics--especially the many businesses he has sued--portray Lemelson as the anti-Edison. They contend that he never invented the key technologies for which he had the patents. Even one of Lemelson's former attorneys, Arthur Lieberman, questions whether Lemelson was an inventor in the layman's sense of the word. Rather, he says, Lemelson would figure out where an industry was headed--and then place a patent claim directly in its path. "In many cases, Lemelson didn't patent inventions," says Lieberman. "He invented patents."

    The Lemelson litigation and licensing program--which has been masterminded over the past dozen years by a wily lawyer named Gerald Hosier--is unprecedented in its size and scope, and has become the leading edge in a wave of patent litigation. Even as personal-injury and product-liability suits--the bane of most large corporations--have been declining, federal patent lawsuit filings have increased 60% since 1993.

    ***

    Lemelson would grind down the examiners by submitting "jumbo" applications that stretched to more than 100 pages. "There's no way that you could read an entire application in the case of the jumbo applications," says Miller. Not only were they huge, they could be incredibly vague; some patent examiners began referring to Lemelson as "Black Box Jerry" because of his tendency to offer sweeping notions with very little technical detail.

    And then there were the delays. Until that 1995 law changed the rules, a newly issued patent had a 17-year life span--during which time nobody was supposed to be able to use the idea without paying for it. But a patent application could be delayed through something called a "continuation." During that process, applicants were permitted to amend, modify, or add claims to their inventions. As long as the inventor could persuade an examiner that the new claims were consistent with the original specifications, he could even go so far as to incorporate somebody else's technology into his own patent application.

    Nobody ever sought continuations the way Lemelson did. Some of his applications had a half-dozen continuations, each of which could add years to the process. Sometimes Lemelson would be informed that one of his patents was about to be issued--and respond by filing a continuation, inexplicably creating another delay.

    But as any savvy patent practitioner knows, his action wasn't inexplicable at all. Consider: Lemelson first submitted some of his key technological patent applications in the mid-1950s. But thanks to all the delays--delays often triggered by Lemelson's continuations--many of them weren't issued until the '80s and '90s. By then, though, Lemelson had amended them to include real products that had come on the market--which he could claim to have invented because he had applied for the patent back in the '50s! And because the patent only took effect when it was i

    1. Re:Jerome Lemelson "The Patent King" expose by Zirnike · · Score: 1
      From the full article: "But what did Jerome Lemelson actually invent?"

      Patent fraud?

      --
      I'm not shy, I'm stalking my prey
    2. Re:Jerome Lemelson "The Patent King" expose by angle_slam · · Score: 1

      Why, I wonder, does /. not really think Lemelson is bad. /. will denigrate Amazon for everything they do merely because of the 1-click patent and all the other internet patents they have applied for. But Amazon hasn't done 1% of the damage that Lemelson has done by going after and getting licenses from almost anyone who uses barcodes. Now his foundation is going after semiconductor manufacturers and /. would still rather villify Amazon for 1-click.

  53. Patent workaround by DarkMan · · Score: 2, Informative

    Ok, firstly, please read the patent. It is not as trivial as it may appear from the few lines description.

    It doesn't strike me as earth shatteringly novel, but then, most patents never have. It's written in usual obfuscated patent speak, which doesn't help.

    The workaround: It is quite specific about collimated beams of radiation. So stick a lens in the way, de-collimate your beam, and the patent no longer applies.

    If you are putting the laser through a window, then a couple of lenses, to de-focus the beam, and then focus it in the reaction zone will do the trick.

    I'm not sure how this related to chip fabriacation, but I'm going to hazard a guess that it's in a CVD style deposition stage. The only time that precise focus would be needed is if your etching by laser onto a surface. In which case, you don't have a flow of matter.

    This will not work if you are reflecting a collimated beam around so that it crosses the reaction zone multiple times.

    Any fabiration engineers want to elucidate on where this patent might apply? Specifically, would a lens (I'm thinking of a power of around -1 uD) stop the system from working?

    However, working around the patent may be considered a tacit admission of it's validity, and thus is a tatic in opposition to the legal challenge.

  54. Re:GOOD!!! by malocchio · · Score: 1

    It seems only after the west has tried to "modernize" [re: exploit] nations like china that these "sudden problems of infrastructure" have appeared.

    and

    Both sides have to simultaneously cut off dependencies for this to work.

    Let me ask, what would happen if as a post-industrial nation we cut off our dependencies from third world exporters, but gave them aid (ie. financial, humanitarian, and training to rebuild their infrastructure)? Although its unlikely, would this be a merritorius persuit--long term speaking--as if we were ensuring a future trade partner that owed us for helping them out?

    I dunno, it sounds a lil' too idealistic to several degrees.

  55. What is not clear... by Anonymous Coward · · Score: 0

    is the history of these patents. There are techniques that can be used to keep patent applications open for long periods of time until somebody is deemed ripe to be sued. You can also continue to create derivative patents with very similar claims as long as you are willing to pay an attorney to continue filing apps.

  56. Holding Companies... by Anonymous Coward · · Score: 0

    the robber barons of the 21st century.

  57. Patent Enforcement as Thought Policing by Sky+Lemon · · Score: 1

    Honestly now, how can we go about allowing people to patent methods of causing chemical reactions? This is rediculous. I thought patents were suppose to protect the developer/artist by ensuring that they get credit (i.e., recognition) for their original works or discoveries but not to ensure ongoing "profit streams". This is similar to whats happening with SCO vs. Linux and the recent Slashdot article on Blizzard vs. Freecraft.

    So I guess your not allowed to write your own programs and give them away for free if they could in any way shape or form interrupt the profit stream of a company who has enough money to invest in expensive lawsuits. I can understand suing someone who say, writes a bunch of cracking software to bypass the licensing scheme of your commercial software (and even then only if the software in question is not in End Of Life mode). But suing people over fricking ideas and having a reasonable chance of winning? IDEAS. I'de say that I would rather throw the whole idea of intellectual "property" out the window instead of being held hostage by corrupt government and industry. Yes there would be a downside to it, but is it really worth the downside we have now of enforcing IP? People can always make a profit from manufacturing physical objects unless people actually steal those physical objects in question, because then you dont have them and they do. Trying to commoditize thoughts (or sequences of bits) will just never work and a lot of already less well-off people will get screwed over by the already more well-off.

    END IP FASCISM

    1. Re:Patent Enforcement as Thought Policing by the+eric+conspiracy · · Score: 1

      Honestly now, how can we go about allowing people to patent methods of causing chemical reactions?

      Are you joking? Much of what passes for modern technology is based on coming up with new methods of causing chemical reactions. Ever hear of the word catalyst? Do you know what the economic value of all the products made using catalysts is world wide? (Hint: Think trillions/year).

      I thought patents were suppose to protect the developer/artist by ensuring that they get credit (i.e., recognition) for their original works or discoveries but not to ensure ongoing "profit streams".

      I would suggest you should do some reading, starting with the US Constitution and perhaps the Cambridge Guide to The Material World.

  58. Grammar by Jimithing+DMB · · Score: 2, Funny
    I guess the first company I'm going to SCO is McDonalds.

    You know, you should never verb a noun.

    :-)

  59. Lemelson by Anonymous Coward · · Score: 1, Interesting

    Lemelson never invented anything, his method was to figure out where technology was going and throw up a patent in that path. Legalized robbery, I'd say. He claimed to have invented machine vision and lots of other stuff too. He never demonstrated any of "his technology".

  60. Re:With a Friggin Deathgrip on Government by Anonymous Coward · · Score: 1, Interesting

    Ever notice that most of those people who are in power are ex-lawyers?

    Ever wonder why marxists call capitalist democracy the dictatorship of the bourgeoisie?

  61. prior art catch 22 by Sabalon · · Score: 4, Insightful

    Okay...so if the patent is 45 years old (1958) but was patented in 1987, I see a big catch-22.

    If the patent does not start until 1987, then anything doing this from before 1987 should now be prior art.

    If anything from before 1987 is not considered prior art because the patent was created in 1958, then the patent should be enforced from that date, not the 1987 date, and therefore expired.

    Oh...sorry Government and sense...my bad

    1. Re:prior art catch 22 by edrugtrader · · Score: 1

      that IS how it works for the FDA, i THOUGHT that is how it worked for patents too... am i mistaken? has slashdot been successfully trolled by inaccurate patent law?

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    2. Re:prior art catch 22 by Sabalon · · Score: 1

      Someone I think had posted that is the way it works now, but not in the old days, when this patent was filed.

  62. How Did I Know Before I Even Looked? by Compulawyer · · Score: 5, Informative
    Somehow I knew who the inventor was on these patents before I even looked -- Jerome Lemelson. Lemelson is infamous in the patent world as the "king of the submarine patent." Back when Lemelson was active, he would file applications and delay prosecution until he had defendants to sue. He would then prosecute the patent and sue when it issued. Because patent applications are held confidential while pending, others using the technology claimed in Lemelson's patents would have no idea that the patents existed until issuance, thus the submarine analogy.

    These actions are almost universally seen by practitioners as abuses of the patent system, NOT as appropriate uses. Thankfully, in most instances current PTO procedure prevents these abuses. However, this type of prosecution tactic, even though it resulted in a patent issuing, still may not ultimately be successful because of a doctrine called "prosecution laches."

    Generally, the doctrine of laches applies to protect a defendant when a plaintiff has sat on its rights for too long. The doctrine of prosecution history laches, very simply put, states that a patentee who has delayed prosection for too long may not enforce its patent once it issues. I am not saying that this is the case here; that is for a court to decide. But I do feel the need to note that this doctrine was recently "revived" by courts after a long period during which the doctrine was never even discussed, much less applied.

    You may wonder who the patent holder was in the case that recently "revived" the doctrine of prosecution history laches. His name, I believe, is Jerome Lemelson.

    --

    Laws affecting technology will always be bad until enough techies become lawyers.

    1. Re:How Did I Know Before I Even Looked? by Anonymous Coward · · Score: 1, Informative

      Parent is same as post #6281763. Parent gets 5 rating while 6281763 gets zero.

      Must be that /. rating system that was designed by experts in game theory, etc.

      In any event the case is here

      Here is the relevant text:
      Lemelson argues that the passage of the 1952 Patent Act, specifically 35 U.S.C. ÂÂ 120 and 121, entitling continuation and divisional applications respectively to the filing dates of their parents, foreclosed the application of laches. Section 120 provides that if âoe[a]n application for patent for an invention disclosed in the manner provided by the first paragraph of section 112 of this title in an application previously filed in the United States . . . by the same inventor shall have the same effect, as to such invention, as though filed on the date of the prior application . . .â 35 U.S.C. Â 120 (1994). Section 121 provides that âoea divisional application which complies with the requirements of section 120 of this title [ ] shall be entitled to the benefit of the filing date of the original application.â Id. Â 121. These sections provide the backbone for the modern continuation and division practice.

      Lemelson asserts that by passing these two sections, especially allowing the continuation practice, Congress abrogated the defense of prosecution laches. But the legislative history and commentary from the authors of the 1952 Act suggest no such intent. Prior to 1952, continuation practice was governed by common law rather than statute. âoeSection 120 appeared in the statutes for the first time in the Patent Act of 1952. Prior to 1952, continuing application practice was a creature of patent office practice and case law, and  120 merely codified the procedural rights of an applicant with respect to this practice. . . . The legislative history of Section 120 does not indicate any Congressional intent to alter the Supreme Courtâ(TM)s interpretation of continuing application practice.â Transco Prods. Inc. v. Performance Contracting, Inc., 38 F.3d 551, 556-57, 32 USPQ2d 1077, 1081 (Fed. Cir. 1994). This practice was in existence when the Supreme Court decided Webster and Crown Cork; thus the defense of prosecution laches and the continuation practice coexisted. See Thomas G. Eshweiler, Ford v. Lemelson and Continuing Application Laches Revisited, 79 J. Pat. & Trademark Off. Socâ(TM)y 457 (1997).

      There is nothing in the legislative history to suggest that Congress did not intend to carry forward the defense of prosecution laches as well. To the contrary, a careful reading of the history and commentary on the 1952 Act shows an intent to maintain the defense. Shortly after the passage of the Act, P.J. Federico, one of its original drafters, gave a series of lectures across the country to educate patent groups about the new Act. The lectures were transcribed, edited, and published. P.J. Federico, Commentary on the New Patent Act, 75 J. Pat. & Trademark Off. Soc'y 161 (1993) (reprinted from 35 U.S.C.A. 1954 ed.). Prior to publication, Federico âoesubmitted drafts of the commentary to [Henry] Ashton and the Drafting Committee for suggestions . . .â Paulik v. Rizkalla, 760 F.2d 1270, 1277 (Fed. Cir. 1985) (en banc) (Rich, J., concurring). The Drafting Committee consisted of Judge Giles S. Rich, late of this court, and Paul Rose. See Giles S. Rich, Congressional Intent â" Or, Who Wrote the Patent Act of 1952, in Patent Procurement and Exploitation (BNA 1963), reprinted in Nonobviousness â" The Ultimate Condition of Patentability (John F. Witherspoon ed., 1980). Federicoâ(TM)s commentary is an invaluable insight into the intentions of the drafters of the Act.

      The defenses available to an accusation of infringement were incorporated into section 282 of the then new Act.

  63. Re:GOOD!!! by pair-a-noyd · · Score: 1

    I have no problem with TEACHING un or under developed countries to care for themselves.
    But I'm totally against taking MY tax dollars and GIVING them away to said countries under the guise that we are HELPING them to build themselves up. TEACH THEM HOW, don't GIVE it to them.

    Abraham Lincoln said about buying railroad rails from England, "If we buy the rails from England we get the rails and England gets our money, but if we MAKE the rails HERE, we get our rails and we keep our money here."
    That's not a precise qoute but it's damn near the same thing he said. And he was right!

  64. file it and then hide and wait for the ambush by mozkill · · Score: 1

    is it morally ethical to file a patent 45 years ago and sit on it until you feel you can screw the infriger to the maximum and then surprise them, but during the whole time you sat on the patent you knew about the infringment?

    if it was me, i would sue the patent filer for not acting on the patent in a timely fashion...

    --

    -- Betting on the survival of the media industry is a serious risk. I advise investing elsewhere.
  65. This effects 3d printers and 'santa claus' by mrmeval · · Score: 1

    The first patent is so broad it effects almost every laser initiated chemical reaction. 3d printers, "santa claus" machines (what are these called anyway?) a machine that uses a UV laser to harden a chemical to make 3d objects. I assume the printers use the same tech. Also laser seperators do this as does any chip making process that uses a laser.

    --
    I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
  66. Wrong again by Bake · · Score: 2, Funny

    The wheel was patent #3,
    Fire was patent #2,

    #1 was "a method of pissing people off by way of allowing the filing of patent for ideas not yet implemented".

  67. Re:Do what I did.. by mikeophile · · Score: 1

    I've been maxed out on karma since 3 days after starting my account, but I really meant to post the addendum anonymously.

  68. CROSS REFERENCE TO RELATED APPLICATIONS by Anonymous Coward · · Score: 0
    From patent 4,702,808:

    This is a continuation-in-part of Ser. No. 592,968 filed 3/23/84 now U.S. Pat. No. 4,666,678 and a continuation of Ser. No. 737,446 filed 10/29/76 which is a continuation of Ser. No. 05/165,445 filed 7/26/71, now abandoned and a continuation-in-part of Ser. No. 05/012,082 filed 2/17/70, now abandoned which is a continuation-in-part of Ser. No. 04/710,518 filed 3/5/68 now U.S. Pat. No. 3,566,645 which is a continuation-in-part of Ser. No. 04/501,395 filed 10/22/65 (now U.S. Pat. No. 3,371,404) which is a continuation-in-part of Ser. No. 03/668,561 filed 6/27/57 abandoned.

    From patent 5,131,941:

    This is a continuation-in-part of application Ser. No. 07/376,378 filed Jul. 7, 1989 as a continuation-in-part of Ser. No. 921,286 filed Oct. 21, 1986 now U.S. Pat. No. 4,251,438 as a continuation of Ser. No. 643,883 filed Aug. 24, 1984 (abandoned), which was a continuation of Ser. No. 571,188 filed Apr. 24, 1975 (abandoned) which was a continuation of Ser. No. 163,203 filed Jul. 16, 1971 (abandoned), which was a continuation of Ser. No. 849,013 filed Aug. 11, 1969 (abandoned) as a continuation of Ser. No. 422,875 filed Nov. 25, 1964, now U.S. Pat. No. 3,461,347 which was a continuation-in-part of Ser. No. 710,517 filed Mar. 5, 1964.

    Those are some severely long sentences

  69. What your government already does with your money by WIAKywbfatw · · Score: 1

    I have no problem with TEACHING un or under developed countries to care for themselves.
    But I'm totally against taking MY tax dollars and GIVING them away to said countries under the guise that we are HELPING them to build themselves up. TEACH THEM HOW, don't GIVE it to them.


    Yet your government has no problem giving billions of dollars a year in military aid worldwide.

    Israel alone gets $4 billion a year in military aid from the US. And with those US-built and financed F-16 fighters, Apache gunships and M1A1 Abrams tanks, Israel's armed force drop bombs, fire rockets and launch explosive shells at civilian population centres in the West Bank and Gaza Strip. These bombs, rockets and shells don't just kill members of Hamas or Islamic Jihad, they kill innocent men, women and children too - including US citizens.

    Yet, somehow, nobody in Dubya's government can join the dots between this US intervention in the Israli/Palistinean conflict and the actions of muslim extremists against the US.

    Seriously, your government is already giving your money away so that someone else living in near poverty can suffer some more. Wouldn't it be better if they gave your money away so that people living in poverty were given a hand up instead?

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
  70. Completely broken?? by cyril3 · · Score: 1

    Out of the thousands of patents filed around the world each year we hear about what 40 or 50. What % do you really think fall under the legal extortion banner.

    1. Re:Completely broken?? by Crashmarik · · Score: 1

      Don Lancaster used to say "if you have a million dollar idea dont patent it, it will cost more than a million to enforce the patent".

      I really dont know the percentage, but I know for small inventors or software developers recourse to the legal system is hopelessly expensive. Thus the people that the system is supposed to help don't benefit from it.

    2. Re:Completely broken?? by cyril3 · · Score: 1
      I agree that there are barriers to effective use of the patent system by many 'small' inventors and it has major problems with software. But the system wasn't necessarily designed to benefit them only. Without the system any large company can copy anothers inventions etc without fear.

      I suspect the majority of patents are used properly and the system is generally working. Though I suspect it is getting a bit unwieldy as it grows.

  71. how to fix the patent system by jonwil · · Score: 1

    1.require that anyone filing a patent show a completly working example of whatever it is they are patenting. (and the patent should provide all details necessary to re-create that working example)
    2.once a patent application has been filed, that application cant be amended. If it gets approved, it gets approved as-is. If it gets rejected, tough.
    3.remove all the "loopholes" that allow patent holders to get longer than they should out of a patent.
    and 4.implement a "enforce it or lose it" rule for patents like there is for trademarks.
    Basicly, if you dont enforce your patent for anyone who is violating it, you could lose it. This will mean:
    A.patents like the LZW patent will come to light straight away (if the GIF people had known about the LZW patent, would they still have used LZW? I think not.)
    B.since companies with potentially shaky patents (like PanIP) have to take on everyone and cant pick on the small fish, they might be less likely to risk this (since when they take on a bigger fish with money, they may lose in court & lose thir patent)
    and C.since there will be many more patent violations happening, mabie something will give and there will be changes to just what can be patented.

    1. Re:how to fix the patent system by mpe · · Score: 1

      1.require that anyone filing a patent show a completly working example of whatever it is they are patenting. (and the patent should provide all details necessary to re-create that working example)

      Just because someone might be able to invent a novel thing or a novel application of an existing thing does not mean they have the resources or even skill to actually build it.
      There is also a big problem of eliminating patents for things which are "obvious". Something obvious may well not be well documented.

    2. Re:how to fix the patent system by oakbox · · Score: 1

      Huzzah to the parent! If you can build it, you can patent it. If you cannot, tough beans. I may have designed a brain enhancing helmet with optional pleasure amplifiers, but I DO NOT think I deserve to earn cash off of the folks who actually come up with a working model of it.
      I'm a little confused, because I remember back in the 80's several patent applications being knocked down because a working model couldn't be produced (a perpetual motion machine, I think). Look at it this way, if Edison had just needed to sit on his ass and 'think up' stuff instead of working himself and his employees like dogs to actually BUILD things, where would we be now?
      The long and short of it is, if you are smart enough to be the creator of something really amazing, you SHOULD make money off of it. But that means hard work. There shouldn't be any free rides.

      --
      Not just answers, the correct questions.
  72. Patenting Basic Physics by femto · · Score: 2, Insightful
    It's interesting to consider the implications of such a patent as we view the 'coherent radiation hitting a stream of particles' on a smaller and smaller scale. Four elements are mentioned in the patent:
    1. Matter/electron/atom enters interaction,
    2. Photon enters interaction,
    3. Electron absorbs photon,
    4. Matter/electron/atom leaves interaction
    Ultimately we seem to end up with a patent on quantum electrodynamics (electrons interacting with photons).

    Okay, you could probably use that argument on quite a few patents when you get down to the basic physics. It's interesting to ask how will patents deal with molecular/atomic nanotechnology. As manufacturing scales get smaller, and fewer particles are involved, will patenting a 'manufacturing method' turn into an attempt to patent basic chemical/physical processes?

  73. Patenting chemical reactions? by Cornelius+Chesterfie · · Score: 1

    Sorry if this is redundant, I don't really have time to read all the replies at this moment but I would really like to know.

    Could someone explain to me exactly HOW one can patent something as "natural" (for the lack of a better word) as aiming a laser at particles to create/accelerate chemical reactions? It seems to me that this is falls under "discovery" more than "invention"...it seems as absurd as patenting the process of harnessing solar power.

    I can understand patenting the plans for the laser machine in question, but this is way too broad. I mean, what's to stop me from patenting "the use of Helium 3 to create fusion power", and prevent mankind from using it?

    1. Re:Patenting chemical reactions? by mpe · · Score: 1

      Could someone explain to me exactly HOW one can patent something as "natural" (for the lack of a better word) as aiming a laser at particles to create/accelerate chemical reactions?

      Using a catalyst is certainly something which can be patented.
      However the fact that light can catalyse reactions has been known for a long time. Once it became known how and why light could do this the idea of using monochromatic light as a way to catalyse a wanted reaction efficently would have been obvious, even if it predated the ability to manufacture tuned monochromatic light was not yet available.

  74. Re:Amazing -- the missing link by temojen · · Score: 1

    I believe you were referring to this.

  75. Heh by Cyno01 · · Score: 1

    "Verbing words weirds language."~Calvin

    --
    "Sic Semper Tyrannosaurus Rex."
  76. Good Old Submarine Patents by Artagel · · Score: 2, Interesting

    This is an artifact of the old patent system. You had a patent from 17 years after the date of issue, therefore, keeping the thing barely alive on life support until the technology became worthwhile was a game. If either of these had issued, without continuations when applied for, they would have been worthless.

    Now, patents are timed 20 years from the date of filing. That means it is never good for the applicant to delay as far as term extension. (There may be other reasons, such as figuring out what you really want, to take your time.)

  77. slightly out of date by Anonymous Coward · · Score: 0

    the use of radiation to initiate a chemical reaction has been around for quite some time... namely, since the first phototropic organisms first started to appear. i'd say that patent has prior art based back several billion years ago.
    can you say chlorophyll? last i checked, light was a form of electromagnetic radiation, in a particular bandwidth, and the energy is used to create simple carbohydrates out of carbon dioxide and water.

    they'll grant patents to anything these days.

    now, if that was specific to a particular TYPE of radiation (which it would have to be, since it'd be taking radiation at a particular energy level to cause the correct reaction, then perhaps the patent is a little more valid, but only barely, and changing the chemicals involved would invalidate the apparatus's likeness imo

    still, glad to know the patent system is still doing it's rediculous job :/

    ashridah

  78. Re:What your government already does with your mon by pair-a-noyd · · Score: 1

    You are totally right. My government does support terrorism in the middle east by supporting the genocidal holocaust being waged in Palestine by Israel against the Palestinians.
    I don't support DuMbya or his policies. The US government is not of the people, by the people or for the people. It's for friends of the elite.

    And people wonder why the Muslims hate Amerikans so much.
    Well, gee, could it be because Amerikan $$$$ and Amerikan hardware is GIVEN to and used by the Israelis to murder innocent civilians??
    Naw, not according to Shawn Hannity and pals at FOX News. It's because "They hate our freedom"...

    Right... (wave that flag now!!)

  79. Deep Thought by Jack Handy by tigertigr · · Score: 1

    "I bet what happened was, they discovered fire and invented the wheel on the same day. Then, at night, they burned the wheel."

  80. So what? by nzyank · · Score: 0

    If it's patented then they have to pay licensing as required. Every other day there's another whine about patents. Am I the only one sick of hearing about it? Slashdot articles don't change anything. Get a clue guys.

  81. Another perspective by stox · · Score: 1

    Has anyone thought about the possibility that these guys went throught the wringer in trying to get this patent? After, almost a half decade, they finally succeeded? If this is, in fact, the case, we should be commending them on their dedication, and determination. Personally, I have no idea, but one should evaluate the possibilities before passing judgement.

    --
    "To those who are overly cautious, everything is impossible. "
    1. Re:Another perspective by Anonymous Coward · · Score: 0

      one should evaluate the possibilities before passing judgement.

      Out in the real world, maybe. But this is SLASHDOT where the knee-jerk reaction is king.

      Slashdot logic 101:-

      Microsoft: Bad, Everything else: Good
      Patents: Bad, Everything else: Good
      American: Good, Everything else: Doesn't exist

  82. You got it wrong bonehead by nzyank · · Score: 0

    Prior art means prior to the application, not the granting of the patent. And anyone who modded this as 'insightful' is pretty much a bonehead also.

  83. Wow. by AyeRoxor! · · Score: 1

    I, of course, know that the patent agency today will grant anything to anyone as long as they have some abbreviation after their name and, coincidentally, I'm sure, alot of money.

    But who knew they were stupid farking idiots so long ago? I always thought at *some* point in the past they had to not all be tards...

  84. I agree! by wukie · · Score: 1

    I didn't realize this is a common thing, but I agree it should be stopped, and soon.

  85. Who is Black box Jerry? by Anonymous Coward · · Score: 0

    Are boxes too big these days? In Oafland, they use them for software and hardware, and for extra puzzling fun, the modern Oafland specification crafter will happily mix the two schemas together in one neatly-drafted oafish scribble. Cheezy oafish fun!

    The perpetual oafish primary directive forbids that if it's a software box, they give up the source code automatically, and forbids that if it's a hardware box, they spec to basic component level and show all connections ... heck, they probably don't even know anything but the proprietary (even to them) VLSI IDs or CAD systems used to generate them.

    Funny .... everywhere looks like Oafland.

  86. Well said by wukie · · Score: 1

    After reading dsgrntlxmply's post above, I'm think the patent should be back dated and expired in one hit !

    So basically I agree.

    1. Re:Well said by Anonymous Coward · · Score: 0

      Isn't it just fonetic.

      "Mischief for Entertainment"

  87. "Submarine patents" by Admiral+Burrito · · Score: 1
    Sorta funny that it took them 45 years to actualy get a patent and just recently enforce it.

    Some companies actually do this intentionally. File a patent, delay the paperwork, then when a competitor starts selling something with the patent-pending tech, allow the paperwork to finish and the patent to be granted. Then torpedo the competition with patent claims.

    This practice is common enough to have a name: "submarine patents".

  88. lemelson is a patent whore by borg · · Score: 4, Informative

    lemelson, the patent originator, should be well known to the slashdot crowd, but on the internet, institutional memory is an oxymoron

    the delay in patent filing is not due to USPTO ineptitude. rather, this is classic lemelson tactics:

    1. stake an overly broad patent claim
    2. when patent office declines patent on grounds of it being too general, rewrite it, trying to adjust claims such that it takes into account techinical innovations that have occurred since #1
    3. repeat steps 1 and 2 until the patent office grants you a patent: congratulations, you've just gotten a patent on someone else's work!

    for an example, google for "lemelson" and "machine vision." (here's a link for the google impaired.) briefly, lemelson patented the idea that some sort of machine could do quality inspection of items coming off of an assembly line. he had no invention, he had a wish. he ammended and ammended and ammended that patent for 30 years before it was accepted. in the meantime, laser bar code readers had been invented (by someone else), and he had changed the wording on his patent application to include that technological development. Viola! he invented laser bar code readers, ex post facto, and his estate went on a suing spree.

    FWIW, the USPTO changed the policies that allowed this in the mid 90s. still sucks.

    --
    Fermat's other theorem: "I have a simple proof, but I can't write it down as I fear it's a DMCA violation to discuss it"
    1. Re:lemelson is a patent whore by dgulbran · · Score: 1

      Ah, that does indeed make i different. A weasel like that should be strung up by his thumbs.

      --
      The world won't end in darkness, it'll end in family fun, with Coca-cola clouds behind a Big Mac sun.
    2. Re:lemelson is a patent whore by Anonymous Coward · · Score: 0

      If I'm not mistaken, Lemelson was one of the reasons FOR the change...

    3. Re:lemelson is a patent whore by Anonymous Coward · · Score: 0

      I think you meant "Voila!" But no sweat, you still get nine points out of ten. "Walla" and you'd be a fucking moron.

    4. Re:lemelson is a patent whore by Noren · · Score: 1
      I think it was a queue for the Orchestra.

      Clearly, this is an appropriate occasion for a Viola solo.

    5. Re:lemelson is a patent whore by Rubyflame · · Score: 1

      Incidentally, a viola is a stringed instrument which has nothing to do with the exclamation "voila!"

      --

      All it takes is nukes and nerves.
    6. Re:lemelson is a patent whore by Anonymous Coward · · Score: 0

      Actually, that's a cue for the orchestra. A queue for the orchestra is the big line to get inside (in Britain).

    7. Re:lemelson is a patent whore by Noren · · Score: 1
      Unfortunately:

      A. You're right.
      B. Despite trying, I'm unable to come up with any wordplay puns in order to pretend that the above was intentional.

  89. A flat tyre by yerricde · · Score: 1

    are tires (when properly pumped up, heh) flat?

    Early wooden wheels were flat discs. Then came spoke construction, which lightened the load. Then came rubber tyres with balloons in them, which remain the most common to this day.

    The word "flat" when referring to an inflatable tyre refers to one whose inner tube (essentially a balloon) has lost most of its air pressure difference vs. atmospheric pressure.

    And no, a "Pump It Up" machine at your local video arcade will not inflate your vehicle's tyres any more than a "DDR" machine will dispense double-pumped PC memory.

    --
    Will I retire or break 10K?
  90. Yes, but... by spakatak · · Score: 0, Offtopic

    Does anyone know whether its legal to sell intelectual property on ebay?

  91. prior art by 73939133 · · Score: 2, Interesting

    You'd think people would at least check the Nobel prizes for prior art. This sort of stuff was the subject of work by Norrish and Porter around 1950, for which they received the Nobel prize in 1967 (together with Eigen). More info here.

  92. Explain to me again how by phorm · · Score: 1

    An approx 50-year-old American patent is going to be pressed again a Taiwanese foudry.
    I mean, c'mon... not even a chance that they ever would have heard of this... and not really a huge chance America succeeding in patent litigation that is plainly retarded again a company not even on native soil.

  93. Re:With a Friggin Deathgrip on Government by NialScorva · · Score: 1

    Complicated contract language is just legal code bloat. Show me any 200 year old system that has never been rewritten or refactored and doesn't have a bunch of ugly looking hacks in it's extension modules. Would you expect someone to write an custom extension to the system (contract under law) without somewhat extensive training or knowledge?

  94. Re:In other news by undetrerbrucke · · Score: 0

    Somehow I knew who the inventor was on these patents before I even looked -- Jerome Lemelson. Lemelson is infamous in the patent world as the "king of the submarine patent." Back when Lemelson was active, he would file applications and delay prosecution until he had defendants to sue. He would then prosecute the patent and sue when it issued. Because patent applications are held confidential while pending, others using the technology claimed in Lemelson's patents would have no idea that the patents existed until issuance, thus the submarine analogy.
    These actions are almost universally seen by practitioners as abuses of the patent system, NOT as appropriate uses. Thankfully, in most instances current PTO procedure prevents these abuses. However, this type of prosecution tactic, even though it resulted in a patent issuing, still may not ultimately be successful because of a doctrine called "prosecution laches."

    Generally, the doctrine of laches applies to protect a defendant when a plaintiff has sat on its rights for too long. The doctrine of prosecution history laches, very simply put, states that a patentee who has delayed prosection for too long may not enforce its patent once it issues. I am not saying that this is the case here; that is for a court to decide. But I do feel the need to note that this doctrine was recently "revived" by courts after a long period during which the doctrine was never even discussed, much less applied.

    You may wonder who the patent holder was in the case that recently revived the doctrine of prosecution history laches. His name, I believe, is Jerome Lemelson.

  95. Re:flamebait my ass by Anonymous Coward · · Score: 0

    Dear sir,

    Please shut the fuck up.

    Thank you.

  96. This is a BLATENT misuse of patents! by Newer+Guy · · Score: 2, Interesting

    Those patents were applied for many, many years ago. Therefore, patent pending protection has been in affect for decades. The net result is to effectively extend patents by decades. This is wrong. The patent clock should be retroactive to the day the patent was filed, because the protection effectively is. These are extreme examples of that...but I've got to wonder how many other unexploded 'time bombs' like these are still out there.

  97. Good idea.... by hughk · · Score: 1

    But in theory at least, you need some way of proving that you published it on a particular date. There are digital notary services, at least in theory, and to ensure that your idea was properly established - you would need to ensure that the page was 'notarised'.

    --
    See my journal, I write things there
  98. For those who care by Theatetus · · Score: 3, Informative

    In case anyone is actually curious, US Patent #1 was issued to Samuel Hopkins in 1790 for a new apparatus and process to make potash.

    #2 was something about candles, and #3 was a flour mill

    The patent was signed by George Washington himself (government was much smaller back then; that same year, Washington and Hamilton personally reviewed the bids for the first ever Federal construction project, a lighthouse near Norfolk, VA).

    --
    All's true that is mistrusted
  99. Actually Patent #1 was... by mrbrown1602 · · Score: 1

    I went to the U.S. Patent Office's website, and looked up patent number 1... its some sort of 'Traction Wheel', which was patented in 1836. ;-)

  100. Har by Anonymous Coward · · Score: 0

    I was living long before you filed this patent. Prior art, sucka' ::Continues living just to piss kmahan off::

  101. troll modded to +5 amazing by sweatyboatman · · Score: 3, Funny

    yeah yeah. it's the lawyers' fault. they're the evil money grubbers. and everyone else is just in it for the satisfaction of a job well done. oh wait no.

    what about those fancy shmancy computer programmers. they made it so we need to hire an entire technical staff to run our business. before the programmers shoved their computers onto everyone's desk, you didn't need an IT department. Just keep your records in trusty books. Paper filing. that's always been the best way to do things.

    and don't get me started with the three letter acronym. RAM, CPU, LCD... it's their secret code they use to make sure we can't get rid of them. they're always scheming to get more money.

    email is just how they get you to buy antivirus software. But you don't need it. You want to talk to someone, call them. But the phone company's milking all your money away with their long distance charges and their hidden fees. So you'd better go see them in person. But you'd better walk because the airline and car companies all have their own weird language and strange charges...

    rant rant rant. woop dee doo. what else is new?

    --
    It breaks my pluginses, my precious!
    1. Re:troll modded to +5 amazing by Anonymous Coward · · Score: 0

      Let me guess: Daddy is a lawyer.

    2. Re:troll modded to +5 amazing by Anonymous Coward · · Score: 0


      Why is it a conflict of interest for a car company to write legislation, but not for lawyers to write legislation?

    3. Re:troll modded to +5 amazing by bigpat · · Score: 1

      "what about those fancy shmancy computer programmers."

      Yes, you are right. We do control you.

  102. Lackers? by Anonymous Coward · · Score: 0

    So when can we expect to see lawyers hired to hack the legal system to close any loopholes?

  103. Re:GOOD!!! by Anonymous Coward · · Score: 0

    There is a group in control that only has allegience to their own kind. This group has opperated this way throughout history. What occurances seemingly don't make sense; when put into this context, things fall into place.

  104. Old US patent laws? by N+Monkey · · Score: 1

    One thing I have to wonder, if it was such a great idea for a patent, why did it take so long to get a patent issued? Glitch, or curruptions?

    IANAPL but...

    It sounds like the (old) stupid US patent laws and the "technique" known as "submarining". It allowed the patent holder to effectively delay the final publication/release of the patent until they found someone they could sting.

    Thankfully, AFAIU, the US patent office has now caught up with the rest of the world and has brought their patent laws (for new patents) into line with everyone else. IIRC, patents now become 'public' after a set amount of time and they only are valid for a fixed period after the initial filing.
    Simon

    1. Re:Old US patent laws? by JohnFluxx · · Score: 1

      I thought submarining was when you hid who owns a patent, or looking at it another way, what patents you own. To make it harder for competing companies to work out what patents there are in the field they are developing in.
      So you hide the patent and they don't find out about it...

  105. Jefferson - use it or lose it by Anonymous Coward · · Score: 0

    "It has been pretended by some, (and in England especially,) that inventors have a natural
    and exclusive right to their inventions, and not merely for their own lives, but inheritable
    to their heirs. But while it is a moot question whether the origin of any kind of property is
    derived from nature at all, it would be singular to admit a natural and even an hereditary
    right to inventors. It is agreed by those who have seriously considered the subject, that no
    individual has, of natural right, a separate property in an acre of land, for instance. By an
    universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in
    common, is the property for the moment of him who occupies it, but when he relinquishes the
    occupation, the property goes with it. Stable ownership is the gift of social law, and is given
    late in the progress of society. It would be curious then, if an idea, the fugitive fermentation
    of an individual brain, could, of natural right, be claimed in exclusive and stable property. If
    nature has made any one thing less susceptible than all others of exclusive property, it is the
    action of the thinking power called an idea, which an individual may exclusively possess as long
    as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of
    every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that
    no one possesses the less, because every other possesses the whole of it. He who receives an idea
    from me, receives instruction himself without lessening mine; as he who lights his taper at mine,
    receives light without darkening me. That ideas should freely spread from one to another over the
    globe, for the moral and mutual instruction of man, and improvement of his condition, seems to
    have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible
    over all space, without lessening their density in any point, and like the air in which we breathe,
    move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions
    then cannot, in nature, be a subject of property. Society may give an exclusive right to the
    profits arising from them, as an encouragement to men to pursue ideas which may produce utility,
    but this may or may not be done, according to the will and convenience of the society, without
    claim or complaint from anybody. Accordingly, it is a fact, as far as I am informed, that England
    was, until we copied her, the only country on earth which ever, by a general law, gave a legal right
    to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and
    by a special and personal act, but, generally speaking, other nations have thought that these
    monopolies produce more embarrassment than advantage to society; and it may be observed that the
    nations which refuse monopolies of invention, are as fruitful as England in new and useful devices.

    "Considering the exclusive right to invention as given not of natural right, but for the benefit of
    society, I know well the difficulty of drawing a line between the things which are worth to the
    public the embarrassment of an exclusive patent, and those which are not. As a member of the patent
    board for several years, while the law authorized a board to grant or refuse patents, I saw with
    what slow progress a system of general rules could be matured."

    - Thomas Jefferson to Isaac McPherson, 13 Aug. 1813

  106. i'll go ahead and say this anyway... by deleted_soul · · Score: 1

    The first thing that crossed my mind is that CD recorders use these patents..more specifically the dye in blank cd-recordable disks is excited by a laser causing a chemical reaction.
    I know of a few others but I can't remember them at the moment. It could also apply to photographic chemicals being excited by a laser or concentrated sunlight. Or does that sound too goofy. What do you think?

    --
    this sig is classified..how about yours?
  107. sheesh... by smash · · Score: 1
    Am I the only one who thinks that *30 years* is a little long to wait for patent approval.

    Christ, thats even slower than the rate that paperwork gets past *MY* desk...

    smash.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    1. Re:sheesh... by Quixotic+Raindrop · · Score: 1

      I think that 30 years is a bit long. However, the thing I find even more outrageous is that the patent office can approve patents for trivial, obvious, and non-unique computer software in five to eight years, but something that might actually be non-trivial, non-obvious, and unique can take decades to get reviewed, forget approved.

      The USPTO is broken. Write your congressional representatives, Senate and House, and demand that they fix it, immediately.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. (Einstein)
  108. Solution to 3rd world problem {was: Re:GOOD!!! by ajs318 · · Score: 1

    There is an easy solution to this.

    We need a law saying that it is illegal to import goods manufactured using working practices {unfair wages, lack of union representation, health and safety breaches &c.} that would be illegal in the importing country.

    Also a law saying that it is illegal to import and export the same kind of goods across the same frontier. {I'm thinking here of the British meat industry. We were told we couldn't vaccinate animals against F&MD because we would lose our export market. But the supermarket shelves were full of imported meat. Go figure.}

    --
    Je fume. Tu fumes. Nous fûmes!
  109. Re:GOOD!!! by Anonymous Coward · · Score: 0

    But you have no problems taking their money off them? Poor countries have paid back their original debts many times over, but of course inflation has meant that they now owe more than they ever did. And countries, unlike individuals or companies, cannot declare themselves bankrupt.

  110. legitimate use of the law by harriet+nyborg · · Score: 1
    a legitimate use of the law...

    actually, the laws were changed after these patents were issued precisely because of patents such as these....

    before 1995, US inventors were allowed to file a continuation application claiming priority to the original patent application, but claiming different subject matter.

    inventors, such as jerome lemmelson, used this procedure to file strings of patents covering slightly different aspects of the inventions originally claimed in the application.

    as long as an application in the chain was pending, lemmelson would watch what was being done in industry, file a new application with slightly different claims and covering what other people were doing. if he could convince the USPTO that the claims were distinctly different from those of all previous patents, he was granted a new patent valid for 17 years.

    ergo the submarine patent.

    rhetorically, the argument was that inventors had a "right" to claim at a later date inventions disclosed in the parent application and not claimed in the original patent.

    in practice, the process was easily and often exploited by unscrupulous individuals and companies. while legal, it was widely seen as an abuse of public's good will.

    in 1995, after enormous pressure from inside and outside the US, the US congress passed a bill whereby US patents filed after 1995 (with some exceptions) would be valid for 20 years from the earliest date of priority. Bill Clinton, the last US president elected by a majority of American voters, signed the bill into law.

    the syndia patents are spin-offs of the original lemmelson submarine patents, and since they were filed prior to 1995, they are valid for 17 years from the date of issue - despite the early filing date.

    syndia's licensing efforts, while entirely legal, are nothing more than legal extortion. the US district courts should uphold the law, but not allow themselves to be tools of extortion.

    an equitable resolution would be for the court to find the patents valid and infringed - because they ostensibly are - and award 1 dollar to syndia in damages.

    fortunately, thanks to bill clinton and a democratic congress - who took action to end this particular abuse of the US patent system - this problem will soon disappear as these remaining submarine patents expire.

  111. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  112. Force the patent office to go 64-bit! by dspisak · · Score: 2, Funny

    Hey if enough Slashdot users try to patent ridiculous concepts/ideas/the letter I/etc we can break the US patent system since I bet it only uses a 32-bit unsinged interger for storing the patent number in the USPO database.

    Enough patents get filed and *wham* no more patents can get filed until the USPO upgrades their computer systems to handle it. Knowing how long it takes government agencies to approve a computer purchase plan and then tender bids from competitive vendors in the market we could easily shutdown the USPO for at least three years! This would give us, the EFF, and other sane people some breathing room to try and enact sensible laws to restrict the ridiculousness of these patent lawsuits we keep seeing!

  113. Re:With a Friggin Deathgrip on Government by Anonymous Coward · · Score: 0

    Ever wonder why Socialism and its ilk are responsible for more deaths at the hands of government than all the wars in modern history, combined?

    Socialism failed. Its time to move on.

  114. Re:Something is fishy by SquarePants · · Score: 1

    That is an optimistic view of the situation. However, the inventor here, Jerry Lemelson, was well known for submarine patenting, a practice that even the most ardent supporters of the patent system (I being one) admit is an abuse of the patent laws in effect when all this happened.

    You are correct, this was a standard practice. It is now forbidden by the patent laws. There is a reason for that (it was deemed to be abusive). In addition, most recently courts have refused to enforce these patents under the legal theory of prosecution latches.

  115. Patience my young apprentice! by Quixadhal · · Score: 1

    1957 - Can we have this overly broad patent? No!
    1964 - How about this other broad patent? No!
    1967 - No.
    1974 - No, it's not specific enough
    1977 - No, we said more details!
    1984 - Go away, we're busy.
    1987 - Oh here, just take this and leave us alone.
    1992 - Fine, we really don't have time to argue.
    2000 - Hey, anyone want this patent on silicon?
    2005 - We'll pay you to take this patent on an electron...

  116. Re:With a Friggin Deathgrip on Government by SirLanse · · Score: 0

    The solution is to revamp jury selection.
    Now only the people too stupid to avoid jury
    duty get put on juries.
    The only 12 people on the planet to never hear
    of OJ Simpson, were the ones on the jury.
    So what do you expect. We must limit the number
    and reasons for juror disqualification.
    If a chemical engineer with a phd in epoxy tech
    was in the pool for this case, he/she would get
    the boot first round.

    if it werent for bad karma Id have no karma at all

  117. I dont get it by Bluelive · · Score: 1

    I still dont get why patents can be used when the second person comes up with the invention on it self at a later time then the first person. I believe the only legitimite use of patents would be in those cases where the idea was stolen.

  118. Re:With a Friggin Deathgrip on Government by dauvis · · Score: 2, Funny

    I'll have to disagree. We should do with them what they did in the Hitchhiker's Guide of the Galaxy series.

  119. From patent 5,131,941 by Anonymous Coward · · Score: 0

    Continuation-in-part of Ser. No. US 1989-376378, filed on 7 Jul
    1989 which is a continuation-in-part of Ser. No. US 1986-921286,
    filed on 21 Oct 1986, now patented, Pat. No. US 4851438 which is a
    continuation of Ser. No. US 1984-643883, filed on 24 Aug 1984, now
    abandoned which is a continuation of Ser. No. US 1975-571188, filed
    on 24 Apr 1975, now abandoned which is a continuation of Ser. No.
    US 1971-163203, filed on 16 Jul 1971, now abandoned which is a
    continuation of Ser. No. US 1969-849013, filed on 11 Aug 1969, now
    abandoned which is a continuation of Ser. No. US 1964-422875, filed
    on 25 Nov 1964, now patented, Pat. No. US 3401347 which is a
    continuation-in-part of Ser. No. US 1964-710517, filed on 5 Mar
    1964, now abandoned

    That is quite a remarkable chain of continuations>

  120. 2300 year-old Prior Art ! ! by Blaskowicz · · Score: 1

    Archimedes designed a kind of big parabolic copper mirrors in order to defend Syracuse.
    just read that 2nd century piece of text :P
    http://www.mcs.drexel.edu/~crorres/Archimedes/Sieg e/DioCassius.html

    "And when once Marcellus, the Roman general, was assaulting Syracuse by land and sea, this man [Archimedes] first by his engines drew up some merchantmen [ships], and lifting them up against the wall of Syracuse dropped them again and sent them every one to the bottom, crews and all. Again, when Marcellus removed his ships to a little distance, the old man gave all the Syracusans the power to lift stones of a waggon's size, and hurling them one at a time, to sink the ships. When Marcellus withdrew them a bow-shot thence, the old man constructed a kind of hexagonal mirror, and at an interval proportionate to to the size of the mirror, he set similar small mirrors with four edges, moving by links and by a kind of hinge, and made the glass the centre of the sun's beams--its noontide beam, whether in summer or in the dead of winter. So after that, when the beams were reflected into this, a terrible kindling of flame arose upon the ships, and he reduced them to ashes a bow-shot off. Thus by his contrivances did the old man vanquish Marcellus."

    This sounds like a "method for initiating chemical reactions by focusing radiant energy", doesn't it?

  121. "Now dead" by N+Monkey · · Score: 1

    This practice, called "submarine patenting" was, in part, the reason. By the way, the inventor of thios patent, Jerry Lemelson, was famous for doing this (he is now dead)
    Clearly he was not able to exploit any loopholes in God's technology system then...

  122. Re:Did You Ever Notice . . . by The+Angry+Mick · · Score: 1
    (Karma burn in progress) . . . that the people representing the THOUSANDS of employees shafted by corporations like Enron, Mirant, ImClone, WorldCom, Microsoft, etc. are lawyers?

    Did you ever noticed that that the people representing the folks contaminated by asbestos, nuclear waste, glass in food, etc. are lawyers?

    Did you ever notice that the people fighting the hardest to ensure you have ANY civil liberties and civil rights at all are lawyers?

    Didn't think so. The tired argument that lawyers are the source of all evil is complete, utter, "I'm incapable of original thought" bullshit.

    Greed has done, and will continue to do, far more damage to this world than any country of lawyers could ever dream of accomplishing.

    What lawyers do is ensure that the laws we hold so dear in the U.S. are subject to continual review and re-interpretation. Ask yourself this simple question: Could you live your life under the same rules that someone in say, 1890, did? Do you even know what those rules are? Maybe you'd prefer who ever was in power to just decide for us who is right and who is wrong? That'd be easy, and nobody'd have to think - I would so love a world filled with even more stupidity.

    --

    I'm not tense. I'm just terribly, terribly, alert.

  123. Re:With a Friggin Deathgrip on Government by Pxtl · · Score: 1

    That wasn't the failure of socialism, that was the failure of large scale military dictatorship. There are capitalist military dictatorships that are just as abusive as Stalin ever was, the only thing they don't have is as many people to pick on.

  124. Re:Standards do not stifle innovation by Anonymous Coward · · Score: 0

    While I agree that there have been and are abuses of the patent system by holders of so-called "submarine patents", not every patent that takes years to be issued is one of these. For example, I hold several patents in the fields of heat transfer and dielectric materials. In some cases, my patent applications preceeded those of my mega-corporate competitors (for very similar products) by many months. But because I am a small businessman and do not have unlimited legal or research monies, it takes me longer to procesecute my application through the USPTO. Patent lawyers are $250 an hour, folks. Even if I do all the writing, you can figure that it will take $500 - $700 in legal fees each time the patent office rejects your claims. Laboratory and computer time to perform thermodynamics and fluid flow models and experiments cost much more than that.

    So refining a patent application and countering USPTO objections are costly. By the time my patents have been granted, my competitors have had theirs for months or years.

    There is still room for small business and individual research and patent-holding. But making patents active from the date of filing rewards large companies who have the advantage of deep pockets for legal and research work.

  125. Re:What your government already does with your mon by Anonymous Coward · · Score: 0

    No. It's because muslims cant stand anyone being better than them. They're just backwards people. Look at their pedophilistic prophet.

  126. Re:With a Friggin Deathgrip on Government by poot_rootbeer · · Score: 1

    Ever notice that most of those people who are in power are ex-lawyers?

    I'm assuming by 'people in power', you mean the government. A government's job is to create, enforce, and interpret LAWS.

    Do you see an affinity between the two lines of work there? No? Look closer.

    Ever notice that contract language has grown increasingly more complicated over the years, as a means of ensuring lawyer income?

    No, I haven't. Can you cite examples?

    Ever notice that judges are allowing more and more of these cases, as a means to ensure their continued employment?

    Yes, because without frivolous lawsuits, the courts would be so empty that all the judges and lawyers would have to be laid off.

    Have you SEEN the backlog that the courts are facing these days? Even legitimate criminal cases alone are enough to tax the judicial system.

    It's the slow death of a society, crushed by the weight of a useless population of lawyers who can only feed off the harm they cause to others.

    Sorry to invoke Godwin's law so soon, but Hitler claimed pretty much the same thing about Jews.

  127. waait wwaaaaait by Anonymous Coward · · Score: 0

    If the patent is truly 44-45 years old it's nolonger a valid patent.

    It automaticly defaults back to common law regaurdless of actuall granting date. Thus this patent case has little to no chance of survival in court.

    They also admit the patented technique is now such a widely used lithographic technique, it's unenforceable

  128. Re:With a Friggin Deathgrip on Government by Anonymous Coward · · Score: 0

    Do you know how many people US foreign policy has killed?

    Do you know how many people are sentenced to die of AIDS because it's not profitable to help them?

    It's capitalism that is the failure. Unfortunatly like the failure that was slavery it may take thousands of years to successfully end it.

  129. Re:With a Friggin Deathgrip on Government by Anonymous Coward · · Score: 0

    No actually the two capitalist wars known as WW1 and WW2 easily killed more people than any stalinist dictator. As usual stupid Americans have a feeble grasp of history, most of which they learned from watching TV shows.

  130. Re:What your government already does with your mon by Anonymous Coward · · Score: 0
    So you're saying that the US should just let the Islamists kill all the Jews- that'd be a Final Solution to the whole problem.

    I know that's what Europe would do.

  131. Re:With a Friggin Deathgrip on Government by joggle · · Score: 1
    I completely agree with you. Lawyers shouldn't be allowed to disqualify a juror for any reason whatsoever. Look what happended in Tulia, Texas. Think any of those jurors were black or well educated? It seems that the prosecutor and (public) defender always want jurors whom are the most easily swayed (ie, gullible or not too bright...).

    It's bad enough now that I kind of wish that there were professional jurors similar to the way the Romans did. At least then there would be some accountability of the jurors and a system by which to correct gross negligence in that part of the legal system. It's too bad that it would take an amendment to the Constitution to do that...

  132. Re:With a Friggin Deathgrip on Government by Anonymous Coward · · Score: 0

    good grief. For saving Europe from Nazi Germany this is the thanks we get.

    Capitalist wars? HAH. We were attacked dumbshit. I suppose it was American foreign policy that killed ~10 million in Soviet Russia? Or the 3 million Jews in Poland/Germany?
    Im sure it was American foreign policy in Ruwanda(sp?) where people were butchered with machetes.

    Yes capitalism is so violent. Thats why Totalitarian governments like Iraq are so peaceful. Or maybe France(socialism) who just rounded up 'terrorists' who were engaging in free speech(sic).

    Also, US just sent 15 BILLION to Africa to fight AIDS. Canada has done nothing EVEN close to it.

    If malcontents like yourself had any REAL hardships you may appreciate what Capitalism has given the world.

  133. Re:With a Friggin Deathgrip on Government by Anonymous Coward · · Score: 0

    Oh yes. If capitalism is so bad, why are we fighting the droves of people trying to get into this country?

    Im sure it isnt our abundant natural resources, otherwise that would be South America or Africa or the Middle East.

    Canada healthcare (and educational history it seems)is a failure. They dont even need a military because of the US and despite all the money savings that entails, it still takes 18 weeks to get a MRI there.
    I can get one in the states in 1 day.

  134. Re:With a Friggin Deathgrip on Government by Anonymous Coward · · Score: 0
    Ok. Was Rawanda Socialist? If Rawanda was actually a capitalist country, then where do you get that it was not a capitalist war? As for jews killed in Germany and Poland, although the word NAZI was derived from the parties name as National Socialists, they do not seem to have been particularly socialist. The same with Soviet Russia for that matter. Soviet Russia was officially State Capitalist. Part of the problem was that everyone knew about socialism, and it sounded like a good idea, but no-one really knew exactly what it was supposed to look like. So, huge numbers of people got put on hold waiting for it to emerge while autocratic rulers told them it was either just around the corner or already here.


    In the mean time, the US has incorporated all sorts of socialist ideas. They take the edge off Capitalism which is a very hard, cold philosophy. Neither capitalism nor communism work all that well if you do not make the assumption that those who cannot live under that system will go off by themselves and die quietly and inoffensively somewhere.

  135. Re:GOOD!!! by Rich0 · · Score: 1

    Also from a "nature" standpoint if a piece of land cannot sustain human life, maybe, just maybe, humans shouldn't live there.

    I too have found it interesting that enormous sums are spent to sustain life in places where it just wasn't meant to be... Case in point:

    Remember back when the US was bombing Afganistan? Lots of folks were talking about a humanitarian crisis - since the UN wasn't able to deliver food to the locals while the bombs were dropping. Now, if an unusual flood destroys some farmland I'm all for sending in some aid to help folks in need. Hopefully they would do the same if something like that were to happen in the US. However, most of the UN assistance in Afganistan was to provide baseline life support because the local land is not fertile. The purpose of foreign aid should be to re-establish self-sufficiency. If a millionare wants to live in the middle of a desert and pay exhorbitant sums to import water and food and they're willing to pay it for themselves, I'm all for it. But if you want to receive aid you have to be willing to accept some strings with it - like "why don't you start migrating your tribe over to country xyz where there is actually water to drink?".

    When foreign aid must be supplied for decades to a region to provide food, water, clothing, and shelter, it is a good tip-off that this is a bad place to live. In some areas there are trade-offs - maybe they don't have much food but they have oil, or vice-versa. Then they can overproduce what they have and sell it for what they need. But if an area is as inhabitable as the surface of the moon maybe it should be left to those who enjoy scenic vacations and are willing to pay a premium for it...

  136. Re:With a Friggin Deathgrip on Government by Rich0 · · Score: 1

    Do you know how many people are sentenced to die of AIDS because it's not profitable to help them?

    Last time I checked the welfare of people with AIDS had little to do with the enconomic style of the nation they lived in, but rather with its overall wealth. The US is capitalistic and folks with AIDS seem to last pretty long there (by comparison).

    Besides - there are lots of socialistic countries around the world. Why haven't any of them cured AIDS yet? It shouldn't be a big deal for them since they aren't corrupted by the profit motive. When a disease kills somebody in Africa, why is the blame assigned to some group of people across the Atlantic?

    Do you know how many people die every year because it isn't profitable to make people immortal?

    Nobody lives forever - them's the breaks. If you can invent a treatment to live a little longer or can afford to purchase treatment to live a little longer, more power to you. Sooner or later your money will run out, and you will die. All you're arguing about is whether folks should be able to help themselves, or if the government should mandate that at some point you're not worthy of medical aid...

  137. Re:With a Friggin Deathgrip on Government by Rich0 · · Score: 1

    Professional jurors are called judges. You don't HAVE to have a jury trial, you know. The reason for jurys is that a man is entitled to have his case decided by his peers - and not by some bureaucrat.

    The whole idea is that the government can't just bring up trumped-up charges against you and sentence you to prison without at least the formality of coming up with a case that is strong enough to convice 12 average citizens.

    The problem is that the citizens on juries are not average at all - they are those who can most afford to lose a week/month/year of their life. Imagine showing up for jury duty and being asked questions like "Have you ever heard of SCO, System V, AIX, or Linux?". Who in their right mind would want to be assigned to that case unless you were independantly wealthy or had no job and the $40/day federal jury duty sounded like a good deal. Sure, companies aren't supposed to fire folks for being on jury duty - but what company is really going to hold a job for a couple of years. They also don't have to pay you for jury duty - so that $40 a day for federal jury duty has to pay the mortgage for a year or two.

    A better system would be to have HUGE fines for companies which manage to lose juror's jobs on them. The courts should also pay jurors based on their previous year's gross income. They should also pay the juror's employer 50% of the juror's income. This would of course raise the cost of a trial astronomically. This should be passed onto the trial parties - either by loser pays or by jury's discretion, or by plaintiff pays, or whatever. Then when person A wants to sue person B for $500 and wants a jury trial they can think twice about whether a $500 dispute is really worth the costs to society of a full trial. If ??AA wants to sue a college student they can consider whether it is worth the huge legal costs should the jury find their suit baseless and allot all trial costs to them. Keep in mind that ??AA is now dealing with IT folks on the jury and not just folks who don't have anything better to do with their time...

  138. Re:With a Friggin Deathgrip on Government by ArghBlarg · · Score: 1

    Oh, it isn't that bad. My father had a stroke and was scheduled for an MRI within a week. A friend of mine had a growth on his testicle and had a full biopsy as well the MRI the next day. This was in Alberta, Canada. I know there are sometimes holdups, but it's still not as bad as you say. I think the doctor's judgement of the direness of the situation is important in placing people on the priority queue.

    --
    ERROR 144 - REBOOT ?
  139. Re:With a Friggin Deathgrip on Government by Anonymous Coward · · Score: 0

    Yeah, it sucks.

    Even in real estate, such as rental properties, it was getting absurd. You'd have a lease that was so full of legalese, you didn't know what you were signing unless you hired a lawyer. Even then, it was hard to understand.

    Finally, under pressure, some states passed laws forcing the lease to be readable and understandable by "laymen".

    I should point out that even lessors (the landlord) were frustrated at the old system. Wanted to add something to the common lease before? Hire a lawyer, waste time, waste money. Now, you can type it in plain language and it would be found acceptable if it is understandable and makes sense, and with far less worry about the typical contract "against the draftee" laws.

  140. Re:With a Friggin Deathgrip on Government by sketerpot · · Score: 1
    A government's job is to create, enforce, and interpret LAWS.

    Not replying to your post particularly, but I wish that the government would take more of a hand in getting rid of laws. This may seem crazy, but consider this: you have legislatures everywhere making laws, but to get rid of laws you just (IIRC) have the overburdened court system. It would be nice if we had some full-time body of government that would scrap laws with the same sort of get-some-votes abandon that gets us, say, anti-sodomy laws or fines for nuclear devices within city limits.