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Apple Patented by Microsoft

An anonymous reader writes "C|net is reporting that Microsoft received a patent on Tuesday for a new variety of apple tree. U.S. Plant Patent 14,757, granted to Robert Burchinal of East Wenatchee, Wash., and assigned to Microsoft, covers a new type of tree discovered in the early 1990s in the Wenatchee area, a major commercial apple-growing region. Dubbed the 'Burchinal Red Delicious,' the tree is notable for producing fruit that achieves a deep red color significantly earlier than other varieties. It is sold commercially as the 'Adams Apple.'" Apparently, the assignation of the patent to Microsoft was an error. Or so they would have us believe ...

336 comments

  1. Coming really soon... by rd4tech · · Score: 4, Funny

    MS Air, the most breatheable air you can find arround. Decreased cost on large volume orders of our EULAir licences.

    1. Re:Coming really soon... by Anonymous Coward · · Score: 0

      Quick where's my tinfoil. hard to believe the real IQ of ./'ers

    2. Re:Coming really soon... by mattjb0010 · · Score: 5, Funny

      MS Air, the most breatheable air you can find arround

      That would be their next bold move.

    3. Re:Coming really soon... by falcon5768 · · Score: 4, Funny

      there is a Spaceballs joke here if anyone can find it :-D

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    4. Re:Coming really soon... by Anonymous Coward · · Score: 0

      yea these guys are idiots

    5. Re:Coming really soon... by Riktopher · · Score: 5, Funny

      I suppose that explains all the holes in the ozone...

      --
      They make me all jangly inside!
    6. Re:Coming really soon... by Segway+Ninja · · Score: 5, Funny

      Why eat pomegranate seeds when you can simply devour the soul-eating MS Burchinal Red Delicious Apples!

      END-USER LICENSE AGREEMENT FOR MICROSOFT ORGANIC SUBSTANCES

      IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft organic substance accompanying this EULA, which includes glucose and may include associated media, printed materials, and "online" or electronic documentation ("ORGANIC SUBSTANCE" or "FRUIT"). By exercising your rights to make and use copies of the ORGANIC SUBSTANCE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.

      Fruit PRODUCT LICENSE
      The ORGANIC SUBSTANCE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The ORGANIC SUBSTANCE is licensed, not sold.
      1. GRANT OF LICENSE. This EULA grants you the following rights:
      Installation and Use. You may consume, use, access, display, or otherwise interact with ("RUN") a copy of the FRUIT for your personal, noncommercial use only. You may RUN the FRUIT on a Fruitbowl area network (FAN) or the Internet and you acknowledge that client fruit Burchinal Red Delicious Apple supports a maximum of 16 players. Neither the ORGANIC SUBSTANCE nor this EULA gives you any rights to use the Internet, the client software for Burchinal Red Delicious Apple, or any on-line or other services or fruits that may be necessary to use all features associated with the ORGANIC SUBSTANCE. The right to any additional services or fruit as described herein is subject to the end-user license agreement associated therewith and may be subject to additional charges.
      Reproduction and Distribution. You may reproduce and distribute copies of the ORGANIC SUBSTANCE; provided that a) each copy shall be a true and complete copy, including all copyright and trademark notices; b) each copy shall be accompanied by a copy of this EULA; and c) such distribution shall not be for commercial purposes.
      2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
      Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the ORGANIC SUBSTANCE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
      Separation of Components. The ORGANIC SUBSTANCE is licensed as a single product. Its component parts may not be separated for use on more than one human.
      Fruit Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
      Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the ORGANIC SUBSTANCE and all of its component parts.
      Multiplayer Play. This ORGANIC SUBSTANCE may contain features which allow you to host games for other players games in connection with the ORGANIC SUBSTANCE over a network or the Internet ("Multiplayer Play"). By using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may generate, store and transmit certain information which identifies your MOUTH to other MOUTHS for purposes of Multiplayer Play. You also agree that the ORGANIC SUBSTANCE may continue to generate, store and transmit such game information as necessary for Multiplayer Play. You agree that Multiplayer Play is not supervised or otherwise under the control of Microsoft or its agents. You acknowledge and agree that Microsoft and its agents have no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or other information or data you may create, encounter or receive, including chat, while you are engaged in Multiplayer Play.
      3. COPYRIGHT.

    7. Re:Coming really soon... by DZign · · Score: 2, Informative

      Funny maybe.. or maybe not ?
      MS (and some other corporations) just try to patent everything they can. So in the end their power and wealth just accumulates..
      maybe in 100 years we're living in a Blade Runner world where 1 or 2 companies control the world.
      And really control it or have rights to everything on it. I guess it'll really start going wrong is a company starts to operate it's own 'security crew' (read: army). Or when they just have power enough that the US President is nothing but a puppet for them.
      Guess revolution is the only way to stop all this - everyone ignoring all this patents and intellectial rights stuff..

    8. Re:Coming really soon... by Joel+Carr · · Score: 1

      there is a Spaceballs joke here if anyone can find it :-D

      Use the schwartz!

      ---

      --
      Any man who can drive safely while kissing a pretty girl is simply not giving the kiss the attention it deserves. -- AE
    9. Re:Coming really soon... by Anonymous Coward · · Score: 1, Insightful

      The question is, do any of us really want to find it?

    10. Re:Coming really soon... by Jeff85 · · Score: 2, Informative

      For the uninformed, the bad guys in Spaceballs consume fresh canned air because they lack (non-stale) air on Planet Spaceball.

      --
      Fetch Text URL - Firefox Extension
    11. Re:Coming really soon... by drinkypoo · · Score: 4, Funny

      As soon as you said that, this thread went from suck to blow.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    12. Re:Coming really soon... by stokkie · · Score: 0, Troll

      Find a hobby...

    13. Re:Coming really soon... by mountain_penguin · · Score: 1

      youd better comb tyhe desert for it

    14. Re:Coming really soon... by blackmonday · · Score: 1

      I'm tired of this thread. Prepare to fast forward...FAST FORWARDING SIR!

    15. Re:Coming really soon... by stock · · Score: 1
      It just demonstrates that the patent office is heavily drowned with all kinds of patents. It could mean either :
      1. the patents office staff is not really qualified
      2. the computer network of the patents office might be running on windows
      I imagine a windows popup with "Do you alway trust Microsoft" press [OK] or [Abort]. When selecting [OK] all patents applications from Microsoft Corp. are assigned a auto approval. An employee pressing [Abort] however might get into deep trouble, for not getting enough patent tickets passed in a single day.

      Its time we send Einstein back as clerk inside the Patents office.

      Robert

    16. Re:Coming really soon... by boy_afraid · · Score: 1

      Let's go Ludicrous Speed!!!!

    17. Re:Coming really soon... by hesiod · · Score: 2, Informative

      > Prepare to fast forward...FAST FORWARDING SIR!

      Missed a few lines...

      Prepare to fast forward!
      Preparing to fast forward.
      FAST FORWARD!
      FAST FORWARDING SIR!

    18. Re:Coming really soon... by Anonymous Coward · · Score: 0

      first name: LackOf?

    19. Re:Coming really soon... by falcon5768 · · Score: 1

      "MAN we aint found SHIT!"

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    20. Re:Coming really soon... by Anonymous Coward · · Score: 0

      Impressive; an Ani Fan!

    21. Re:Coming really soon... by Dr_Cornholio · · Score: 1

      I know it was funny, but that EULA was about as readable as a real EULA from microsoft. Can you imagine the grocery store chaos if that document was attached to every single one of these apples?

      --
      In Soviet Russia, the monkey spanks you!
  2. It isn't even april.... by phoenix.bam! · · Score: 5, Insightful

    ...this is a joke, right? Seriously, if the patent office is given out patents for naturally growing TREES, something is wrong.

    1. Re:It isn't even april.... by caldnath · · Score: 4, Funny

      well, you know how fast government works...

    2. Re:It isn't even april.... by Allen+Zadr · · Score: 4, Informative
      I thought joke too, but it was merely a mistake.

      However, yes, genetics are patentable. This includes specific Hybriding.

      --
      Kinetic stupidity has a new brand leader: Allen Zadr.
    3. Re:It isn't even april.... by RotJ · · Score: 4, Informative
      I think if you develop a specific breed, you are given the sole rights to use it for commercial purposes.

      Read here.

    4. Re:It isn't even april.... by DAldredge · · Score: 4, Informative

      Large transnational corporations like Monsanto, DuPont and others have been investing into biotechnology in such a way that patents have been taken out on indigenous plants which have been used for generations by the local people, without their knowledge or consent. The people then find that the only way to use their age-old knowledge is be to buy them back from the big corporations. In Brazil, which has some of the richest biodiversity in the world, large multinational corporations have already patented more than half the known plant species. (Brazil is estimated to have around 55,000 species of flora, amounting to some 22% of the world's total. India, for example, has about 46,000.)

      © Centre for Science and Environment
      Global Environmental Governance

      A patent gives a monopoly right to exploit an invention for 17-20 years. To be patentable an invention must be novel, inventive and have a commercial use. Controversially though, the US and European patent offices now grants patents on plant varieties, GM crops, genes and gene sequences from plants and crops. The current WTO patent agreement, TRIPs - Trade-Related Aspects of Intellectual Property Rights - has been very controversial in this respect for many developing countries who want to have it reviewed, but are being somewhat blocked by the wealthier nations from doing so.

      As reported by Environment News Service, "Knowledge is proprietary. It belongs to corporations and is not accessible to farmers," [Dr. Altieri] said. Altieri feels that biotechnology has emerged through the quest for profit, not to solve the problems of small farmers. "Scientists are defending biotechnology ... but at the same time there's a lot of money from corporations going into universities, influencing the researchers in those universities in the wrong direction," Altieri said.

      The cost to developing countries in "pirating" their knowledge has been considerable:

      "Vandana Shiva believes that the West has a clever structure in place. Using convenient patent laws as a system, the Trade Related Intellectual Property [TRIP] instrument as a stick and the World Trade Organisation [WTO] as the enforcing authority, the First World is seeking to 'rob' the Thirld World. She says in a rigorous article: "When the US introduced IPRs in the Uruguay Round as a new issue, it accused the Third World of 'piracy'. The estimates provided for royalties lost in agricultural chemicals are US$202 million and US$2,545 million for pharmaceuticals. However, as the Rural Advancement Foundation International (RAFI), in Canada has shown, if the contribution of Third World peasants and tribals is taken into account, the roles are dramatically reversed: the US owes US$302 million in royalties for agriculture and $5,097 million for pharmaceuticals to Third World countries."" -- Abduction of Turmeric provokes India's wrath, Good News India, January 2002

      Some examples

      In Texas, a company called RiceTec took out the patents on Basmati rice (which grows in the Indian and Pakistan regions) and have created a genetically modified Basmati rice, while selling it as normal Basmati -- and it was not against the law, either. In fact, four of the patents were withdrawn in June 2000, when the Indian government formally challenged the patent. However, it, and other incidents continue to raise controversy on patenting indigenous plants. Eventually though, 15 of the 20 patents were also thrown out by the US Patent and Trademark Office (USPTO) due to lack of uniqueness and novelty. However, towards the middle of August 2001, three patents were awarded to RiceTec -- to variants called Texmati, Jasmati and Kasmati, all cross breeds of Basmati and American long grain rice, while RiceTec was also given permission to claim that its brands are "superior to basmati" as reported by the Guardian, who also point out the uproar that has caused in Indian political circles. The article also points out how RiceTec CEO doesn't understand why there is such a fuss over this,

    5. Re:It isn't even april.... by Trogre · · Score: 1

      *sigh*

      Long live capitalism.
      </sarcasm>

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    6. Re:It isn't even april.... by dj245 · · Score: 3, Insightful
      Controversially though, the US and European patent offices now grants patents on plant varieties, GM crops, genes and gene sequences from plants and crops.

      Well, if I seeded the hardiest of the tough corn with itself 500 times to create a new breed of tough, hardy, drought-proof corn, I would want to be able to patent it too. If I walked into the rainforest, picked a flower, and decided to patent it, that would be just wrong though.

      Everything in moderation.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    7. Re:It isn't even april.... by Anonymous Coward · · Score: 0
      TROLL!! big huge repost from somewhere....

      Not that I disagree, but we must discourage this behavior. I happen to agree.

    8. Re:It isn't even april.... by DAldredge · · Score: 1

      No, it may be plagerisim , but it isn't a troll. Learn the difference.

    9. Re:It isn't even april.... by gumbi+west · · Score: 1, Offtopic
      FYI, if you want to find where posts like this are from (i.e. who wrote it) you can google large chunks of text in quotes.

      i.e. google "most contentious aspects of the text which stated that farmers" (with the quotes) and you will see that this was lifted from here This article is so long that sections may have been lifted from various places... to find them, just use google...

    10. Re:It isn't even april.... by JPriest · · Score: 1
      I wonder if in the future famous people will obtain some type of copyright or patent on their on DNA that prevents people from cloning them.

      I think in the immediate future we will make better advancements in prosthetic organs, but moving forward we will see more replacements done with real organs. e.g for the right price we will grow you a new ear on the ass of a rat and then sew it on.

      This market opens up the door to some interesting things.

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    11. Re:It isn't even april.... by gumbi+west · · Score: 2, Informative

      Good point! For future reference, he can look at wikipedia's definition of troll.

    12. Re:It isn't even april.... by k4_pacific · · Score: 1

      "To be patentable an invention must be novel, inventive and have a commercial use."

      I would think that to be patentable, an invention would have to be, well, an invention. You shouldn't be able to patent a naturally occuring plant because nobody invented it, rather it evolved. You can discover it and maybe patent a novel way of cultivating or processing it, but that is about it.

      Maybe somebody should patent the idea of inventing itself. Then we all should just sit on our hands for twenty years and then start innovating unhindered in a new unending golden age of technology. Something like this:

      Patent No. 3,141,592,653,589,793 - Novel Product or Method of Production

      Genius is 1% inspiration and 99% perspiration. Patents allow you to do 1% of the work and sue the guy who does the other 99%.

      --
      Unknown host pong.
    13. Re:It isn't even april.... by petecarlson · · Score: 2, Informative

      It may be well outside of the scope of fair use, but he/she left the copyright notice intact "© Centre for Science and Environment
      Global Environmental Governance" That's not plagerism.

    14. Re:It isn't even april.... by Rura+Penthe · · Score: 3, Insightful

      I'd like to see a reputable source regarding the claim that RiceTec marketed a genetically modified version of basmati rice as regular rice legally. And hopefully when you say "genetically modified" you meant done in laboratory since cross-pollination is also genetic modification. The US has extremely strict rules on the sale of (laboratory) genetically modified food. However, it CAN make it to market, unlike some other countries.

    15. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      Naturally occurring plants are not, in fact, patentable. To be patentable, the plant has to have been created by man or found in a cultivated area and then reproduced asexually (not from seed). Also, plant patents only have 14 year terms.

    16. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      I award thee most blatant troll in the world. MOD PARENT TROLL!

    17. Re:It isn't even april.... by pocketfullofshells · · Score: 1

      ####BAD JOKE START#### So if a Windows 2000 Domain Controller in a tree goes down in a forest, and no admin's are around, does Microsoft patent the noise it makes? #####BAD JOKE END#####

    18. Re:It isn't even april.... by spike+hay · · Score: 1

      I'm from Yakima, which is right by where this tree was originally bred. I assure you, there are probably at least a dozen new varieties every year, and most of them are patented.

      --
      If you don't understand any of my sayings, come to me in private and I shall take you in my German mouth.
    19. Re:It isn't even april.... by N1KO · · Score: 1

      Because everyone know that capitalism is meant so that farmers don't own the things they plant while every other economic system respects the hard work of farmers.

    20. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      I would hardly call DuPont 'transitional'. Do a search on how long they've been around; I'm quite sure they've been involved with performing a research or two.

    21. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      In other news, Google helps you find stuff.

    22. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      No, it may be plagerisim , but it isn't a troll. Learn the difference.

      How about you learn to spell... plagiarism.

    23. Re:It isn't even april.... by zurab · · Score: 4, Informative
      I think if you develop a specific breed, you are given the sole rights to use it for commercial purposes.

      I don't know what you mean by "develop" but you don't even have to invent the plant to get a patent, you can simply discover it and patent it, as long as you know what it is. From the link you provided:

      A plant patent is granted by the Government to an inventor (or the inventor's hiers or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. (emphasis mine)

      Basically, if you discover a plant and can genetically describe it, you can patent it. It's a plant for crying out loud, can you patent your dog? Oh wait... is there anything you cannot patent?
    24. Re:It isn't even april.... by Temsi · · Score: 4, Insightful

      OK... RTFA.
      It says the tree was discovered. It's not a man made hybrid of any kind. He reproduced a genetic mutation. He didn't modify anything, and as such should not be issued a patent for the tree, as it is a discovery, and not an invention.

      Genetic modifications can be patented, not genetics themselves, and certainly not something which existed in nature with no input from man.

      You just can't patent something natural you just discovered... what's next? Patenting oxygen or water? What about the Do-Do bird? Maybe some crazy scientist manages to bring it back to life through cloning, should he receive a patent on the Do-Do bird? He didn't create it, he copied it.

      The say the mistake was issuing the patent to Microsoft, not that it was issued in the first place.

      --
      -- This sig for rent.
    25. Re:It isn't even april.... by ward · · Score: 4, Informative

      RiceTec's 'basmati' is not GM rice, but just hybrid rice. It's available on most supermarket shelves, at least in the Houston area (home area for RiceTec). It's not Basmati, but they are happy to claim that it is.

      On a side note, the US has strict rules on the sale of GMO foods, but no labelling restrictions exist. Once it's approved by the FDA for human consumption, I can put it in any sort of packaging I want, sell it in the produce department, whatever. I can't claim that it's not GMO, but I can do something like produce a GM rice and call it basmati.

    26. Re:It isn't even april.... by Anonymous Coward · · Score: 4, Interesting

      But think it through a little...

      WHat if this corn replaces ordinary corn, who does it belong to?

      In Saskatchewan (Canada), there are farmers whose field have been spoiled by bio-tech seeds that travel quite far (spoiled because they cant sell to european non-GMO countries) from other farms and who are getting sued by the large corporations for illegally using their products.
      The farmer got screwed AND sued.

      There were hundreds of different kinds of rice in India and now the majority of rice grown is 2-3 kinds. If these remaining are all GMO rice, then you basically have a billion people hostage to your logic.

      Hell, who wouldnt believe the company line how theyre doing 'for the good of humanity'.?
      I think they even have Reverend Lovejoy's wife doing PR for them.

    27. Re:It isn't even april.... by milkman_matt · · Score: 2, Funny

      Genetic modifications can be patented, not genetics themselves, and certainly not something which existed in nature with no input from man.

      that's what you think. I hold the patent on human life! pay up!

      -matt

    28. Re:It isn't even april.... by peacefinder · · Score: 4, Insightful

      I read Michael Pollan's Botany of Desire a while back. In it, he points out that apples don't breed true. That is, if you plant the five seeds from, say, a Braeburn apple you get in the store, you'll end up with five very different trees producing five very different fruits, and in all likelihood none of them strongly resemble the Braeburn. Consistency in a variety is achieved exclusively through grafting.

      Apple varieties are often discovered, and occasionally developed. Red Delicious was found on some guy's farm in Iowa back around 1870... he made a mint selling cuttings. Braeburn was a chance find in New Zealand.

      Congress obtains the power to establish patents via Artilce 1 Section 8: "[...] promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries [...]"

      I think it's not clear. No one ever invented or authored any variety of apple, but it is a discovery with substantial economic value. The potential for a patent on apple varieties probably does promote the growing of test orchards to find new varieties, so that probably counts as promoting useful arts.

      I don't much like the idea of patentable life, but I suppose it's within the power we grant to Congress.

      I'm glad it's a patent and not a copyright, though. :)

      --
      With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
    29. Re:It isn't even april.... by DAldredge · · Score: 1

      eye spl gud! Noow lve me te fck alne!!!

    30. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      Indian NGOs are constantly in patent battles with greedy pigopolist drug co.s, to have various PTOs rescind patents on medicinal herbs that have been known for centuries.

      Happens all the time, sadly.

    31. Re:It isn't even april.... by cei · · Score: 2, Funny

      And to paraphrase the Governator, "It's not a tuber."

      --
      This sig intentionally left justified.
    32. Re:It isn't even april.... by Anonymous Coward · · Score: 1, Insightful

      Then it should be questioned whether any patents should be granted. Since all a human has ever "invented" is simply a variation of already existing techniques or things making (new) use of physical/electrical/whatever scientfic laws.

      After all RESEARCH means SEARCH, and you can only search for and successfully find things that are already there, defined by natures laws. So basically all inventions are only discoveries...

    33. Re:It isn't even april.... by T'hain+Esh+Kelch · · Score: 0

      Would that mean that I can patent myself, so that noone can clone me in the future?

    34. Re:It isn't even april.... by goatan · · Score: 1
      Hell, who wouldn't believe the company line how they're doing 'for the good of humanity'.

      Well most of the UK wouldn't because we know it only benefits the friends of Blair like Monsanto Etc. Also we have had a lot of counter argument about the potential harm it can do.

      In Saskatchewan (Canada), there are farmers whose field have been spoiled by bio-tech seeds that travel quite far (spoiled because they cant sell to European non-GMO countries) from other farms and who are getting sued by the large corporations for illegally using their products.

      Surely they can sue them for loss of earnings and contamination especially if the big companies think they can sue them for theft of seed that was carried naturally.

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

    35. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      And I thought patented rose hybrids were bad enough...

    36. Re:It isn't even april.... by Anonymous Coward · · Score: 1, Informative

      Grafting is merely a means to control the rootstock for the apple tree for the rootstock's characteristics and using the scion (the piece grafted onto the rootstock) for the productive part of the plant. The rootstock can provide root-based disease and pest resistance, control aspects of the tree growth (drought resistance, overall tree height), etc., that a "pure" tree would not have.

      You could just as easily propagate your apple trees in the fall by making a bed of sawdust in your yard, cutting off some of the water suckers, and sticking the cut ends off of those branches into the ground, and planting them in the spring.

      This is how dwarf and semi-dwarf fruit trees are made: propagate the desired scion onto dwarf rootstock, so the resulting tree is only 8' tall, instead of 20'.

      We had an apple tree at our old house that produced about 4 distinctly different types of apples. The house and tree was old enough that it probably wasn't 4 different types grafted onto one tree...

    37. Re:It isn't even april.... by Foo2rama · · Score: 1

      well in theory most of the genetic patents are "found" since we are not makeing up our own dna codes yet, but patching together what we have found.

      --


      ---In a time of Chimpanzees I was a Monkey.
    38. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      I dunno, what's up with that pantenting of human genome sequences?

    39. Re:It isn't even april.... by NineteenSixtyNine · · Score: 1

      I think Mother Nature has prior art on this one.

      --

      --
      What would Bill Clinton do?
    40. Re:It isn't even april.... by sepluv · · Score: 4, Informative

      Actually this is totally correct. It is perfectly possible in the USA for me to find one of your hairs lying around and patent your genetic sequence so you have to pay me to reproduce. Muhehhawww.... No, I am not joking.

      It is common for existing wild plants (oriduced purely by natural selection) to be patented and then people who have them on their land or use them are sued (e.g.: indigenous peoples who have used them for medicine for thousands of years). It's called biopiracy (see the book of that name).
      RMS is currently campaigning against this.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    41. Re:It isn't even april.... by CountBrass · · Score: 1

      Really?

      Show me a transistor or steam engine that occurs naturally in nature?

      --
      Bad analogies are like waxing a monkey with a rainbow.
    42. Re:It isn't even april.... by slackerboy · · Score: 2, Informative

      Actually, unique varieties of plants have been patentable in the U.S. for over seventy years. Acoording to this site, the Plant Patent Act of 1930 says: "Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or plant found in an uncultivated state, may obtain a patent therefor..."

      The act was but in place in large part because of the works of famous plant hybridizers like Luther Burbank. Burbank was an incredibly prolific producer of new plant varieties, but I had a very hard time making money due to the lack of patents.

      --
      Things to do today: See list of things to do yesterday
    43. Re:It isn't even april.... by thetroll123 · · Score: 4, Funny

      The[y] say the mistake was issuing the patent to Microsoft

      Understandable... that's the default in the "Patent Holder" field.

    44. Re:It isn't even april.... by tiger99 · · Score: 1
      Also, there is no inventive step, it is obvious to anyone skilled in the art (i.e. any gardener, fruit-grower, plant biologist, casual observer....), and there is an indeterminate amount of prior art, these mutants may have been seen before.

      Most countries would reject an application like this immediately. The US patents system is rapidly sinking into international disrepute, mainly due to one Convicted Monopolist and their associates. If Dubya or his properly elected successor cares about the reputation of their country, they will do something about it.

      Meanwhile, I would not trust anything from M$ to be free of bugs, hidden costs, or toxic effects, so I would not touch one. If Sir Bill wants to be the human guineau-pig, fine......

      I hereby declare that all of my DNA is copyright, and may not be reproduced without consent, which will not normally be given, for any purpose whatsoever, including but without limitation, use in any application for any patent for anything whatsoever, tangible or intangible.

      There now, Sir Bill can't patent me, at least.......

    45. Re:It isn't even april.... by skiman1979 · · Score: 2, Interesting
      I don't know what you mean by "develop" but you don't even have to invent the plant to get a patent, you can simply discover it and patent it, as long as you know what it is. From the link you provided:
      A plant patent is granted by the Government to an inventor (or the inventor's hiers or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. (emphasis mine)
      The text above requires that you invent (or discover) AND asexually reproduce a distinct and NEW variety of plant in order to get a patent on said plant. You can't just find a new plant in a forest and say "I know what that is, no one else does, so give me a patent." The way I see it, you have to discover a way to create a new variety of plant, and actually create it through asexual reproduction in order to get a patent. Then you wouldn't get a patent on the apple tree, but one on the apple tree with thorns.
      --
      Having a smoking section in a public restaurant is like having a peeing section in a public swimming pool.
    46. Re:It isn't even april.... by CoolVibe · · Score: 2, Funny
      This worries me.

      ATTENTION: LEAKED FROM THE BOWELS OF THE MICROSOFT UNDERGROUND

      Deep inside the complex maze of offices at Redmond, microsoft is working on genetically modifying humans to produce THE PERFECT MCSE. After some trials on apple trees, they were practicing creating something that looks and tastes nice, but leaves a disgusting aftertaste. Now they are shifting focus to humans. The perfect MSCE has the following qualities:

      • Looks swank in a suit
      • Doesn't know at all what he/she is talking about
      • hardcoded Microsoft bias
      • Built in phobia for commandlines
      • Takes whatever comes from MS as gospel
      • Has a mole on his/her ass in the shape of the windows logo (tm)

      Certainly there are more features, but I can't list them all. This is what I was able to smuggle out of there. Also, rumors say that the first few prototypes got horribly wrong and came out as hardcore apple and amiga zealots. They promptly killed themselves when dicovering the Windows Logo(tm) shaped mole.

      (Yes, this is a joke, and totally fictional and impossible)

    47. Re:It isn't even april.... by welloy · · Score: 1

      Right, but the difference here is that Burbank (whoa, flash back to my 5th grade report on this guy) actually bred new varieties of plants. The link you cite says he "conduct[ed] cross-breeding experiments on plants" to develop "several new varieties of flowers and vegetables." He did not just walk outside and pick up a plant that was growing wild and patent it. this is all crazy.

    48. Re:It isn't even april.... by SEWilco · · Score: 1
      I hold the patent on human life! pay up!

      You'll get my money over my dea^*&%

    49. Re:It isn't even april.... by SEWilco · · Score: 1
      It is perfectly possible in the USA for me to find one of your hairs lying around and patent your genetic sequence so you have to pay me to reproduce.

      Only if he reproduces by fission, with the same genetic sequence.

      And do patent laws apply to mammals, or are you saying he is a plant?

    50. Re:It isn't even april.... by deimtee · · Score: 1

      The bombadier beetle. (steam jet actually)

      --
      I'm guessing that wasn't on their radar screen...
    51. Re:It isn't even april.... by deimtee · · Score: 1

      Well, for 17 years anyway.

      --
      I'm guessing that wasn't on their radar screen...
    52. Re:It isn't even april.... by deimtee · · Score: 1

      Patents have a fairly limited ife - 17 years. Maybe allowing patents on everything in sight is not such a bad idea. In 20 years or so they all expire and pretty much anything is free to copy. Sort of long term GPL for patents.

      --
      I'm guessing that wasn't on their radar screen...
    53. Re:It isn't even april.... by Lodragandraoidh · · Score: 1

      This is precisely why everyone should go out and have their DNA sequenced, and subsequently patented, copyrighted, and whatever other protections are available under the law.

      That way - we would have prior art on our side... lol

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
    54. Re:It isn't even april.... by cardshark2001 · · Score: 1
      Only if he reproduces by fission, with the same genetic sequence

      I dunno, isn't a child a derivative work?

      --
      WWJD? JWRTFA!
    55. Re:It isn't even april.... by slackerboy · · Score: 1

      Well, this apple tree probably wasn't "growing wild" either. (Especially since apples are only native to someplace in Russia. Kazakhstan, maybe?) Therefore, it's reasonable to assume that the tree was intentionally planted. According to the other link I cited, "The plant must have resulted from cultivation, and may be the result of a sport, mutant or hybrid."

      Burbank's first major success, the Burbank potato, was actually the result of just such a situation. He happened to find a seed ball in his potato field and one of the plants he grew from these seeds was successful.

      --
      Things to do today: See list of things to do yesterday
    56. Re:It isn't even april.... by IncohereD · · Score: 1

      Surely they can sue them for loss of earnings and contamination especially if the big companies think they can sue them for theft of seed that was carried naturally.

      You'd hope so, but this is still very much undecided in Canada. *sigh*

    57. Re:It isn't even april.... by sepluv · · Score: 1

      In retrospect, I am not sure why RMS is campaigning against this so much as I cannot see anyone patenting or making copies of RMS's genes (unless, maybe, they're *really* evil), and I cannot see RMS being likely to make copies of them himself (if you get my meaning) any time soon(and therefore doesn't have much to be worried about someone else patenting them).

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    58. Re:It isn't even april.... by sepluv · · Score: 1

      I believe that what happened in Canada was that a GM form of a crop (Maize I think) spread to other farms due to its resistance to herbicides. The GM company then went round in a plane and dropped tons of herbicide on all the land of nearby farmers. If the farmers' crops did not die when they droppoed the herbicide, they (succesfully) sued the farmer for violating their patents and copyrights on the GM crop (even though the GMOs were spread naturally). Go figure...

      In any sensible country, the GM companies would be commiting a criminal offence by allowing GMO's to spread into the wild in the first place.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    59. Re:It isn't even april.... by Sajma · · Score: 1
      It's not a man made hybrid of any kind. He reproduced a genetic mutation. He didn't modify anything, and as such should not be issued a patent for the tree, as it is a discovery, and not an invention.

      Genetic modifications can be patented, not genetics themselves, and certainly not something which existed in nature with no input from man.

      I assert that I can patent my children:

      • Genes modfied... my wife's
      • Invention... a new being with unique genetic code
      • Input from man... :)
    60. Re:It isn't even april.... by DigiShaman · · Score: 1

      The folks at the patent office will do anything to justify their jobs. The amount of graduating lawers per year alone is enough to make me sick! And yes, the will do anything to pass laws (regardless how fucked up they may be) just so they can have something to stamp on their resume' out of prestige.

      Their all filthy fucking maggots...everyone of them bastards!

      --
      Life is not for the lazy.
    61. Re:It isn't even april.... by tcgroat · · Score: 1
      A plant patent is granted by the Government to an inventor (or the inventor's hiers or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than...a plant found in an uncultivated state. (emphasis moved)

      The key is that traditional plant patents require the asexual reproduction, such as by grafting. Reproduction from seeds doesn't meet this test. Likewise, a plant found growing in an "uncultivated" (natural) state isn't eligible. Patents for roses of many colors growing on the same plant are legitimate under this standard. It's the patenting of existing species that is so annoying...unless they name "God" as the inventor.

    62. Re:It isn't even april.... by zurab · · Score: 1

      IANAL, but my point was that you don't have to invent or create a plant, you can simply discover it - hey look, that apple tree over there in our apple tree plantation looks a little different, let's patent it.

      And what does new mean? Does it mean that it's not in encyclopedia? Or any botanical research papers? Does patent office check encyclopedias or botanical research? Or does it mean that the new plant in question cannot be found anywhere else in the world, including wilderness?

      Of course, I still think this is all bullshit. USPTO will not even have a clue where the patented plant came from. And what does it take to reproduce a plant asexually? Describe its genetics?

    63. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      I don't se how this represents capitalism. I mean, how the hell can we consider a market free when governments grant and enforce monopolies for decades. Sounds more like fascism to me.

    64. Re:It isn't even april.... by Mekkis · · Score: 1

      Nope, it's not a joke. Genetic engineers (*To0t tOot!*) can get patents on new strains they engineer in the laboratory, because the law has determined that DNA is to be considered "intellectual property". If Micro$oft has done the legwork to determine whether the strain of apple tree they've patented is in fact a new variation on the apple, and they've provided the proper paperwork backing up their claim, then they have every f---ing legal right to patent their trees, especially if they can make money off that DNA being spliced with other apples.
      Click here for more details.

    65. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      Isn't it illegal to drop herbicide on someone else's field without their permission?

      Can't the farmers sue them for ruining their crops?

    66. Re:It isn't even april.... by Trogre · · Score: 1

      I don't se how this represents capitalism. I mean, how the hell can we consider a market free when governments grant and enforce monopolies for decades. Sounds more like fascism to me.

      The point is that the government doesn't need to intervene, in fact they aren't permitted to by their campaign funding sources.

      I thought that was the whole idea of capitalism.
      The government is controlled and eventually taken over by gargantuan corporations.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    67. Re:It isn't even april.... by sepluv · · Score: 1

      Ye, but they've got more lawyers (and after already suing the farmer for patent violation they should have bankrupted him/her).

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    68. Re:It isn't even april.... by geoffspear · · Score: 1

      In any sensible country, dumping tons of pesticides on someone's crops and destroying them to prove that they weren't stealing your seed would be an even more serious offense. That sounds a lot like trial by water for suspected witches.

      --
      Don't blame me; I'm never given mod points.
    69. Re:It isn't even april.... by Anonymous Coward · · Score: 0

      But isn't genes patented? I remember that there was something about this when organizations competed in the race to map human genes

  3. Plant Patents by Anonymous Coward · · Score: 5, Funny

    Speaking of plant patents: Which patented plant are they smoking at the patent office.

    1. Re:Plant Patents by Anonymous Coward · · Score: 0

      I don't think they're smoking enough of it.

    2. Re:Plant Patents by GoClick · · Score: 1

      I'm pretty sure most of what's wrong at the patent office comes from the officers actually being a hybrid plant desigend to cut costs... however they can't read *yet*

    3. Re:Plant Patents by prockcore · · Score: 1

      Apple has known about these problems for weeks, and the announcements were timed to follow the patches.

      Rosemary Jane.

    4. Re:Plant Patents by name773 · · Score: 1

      you can't patent that! it's one of mother earth's creatures.

    5. Re:Plant Patents by mrgsd · · Score: 1

      I know I'm still waiting for my Tomacco patent to pull through..

      --
      End Communication.
    6. Re:Plant Patents by roman_mir · · Score: 1

      Even though it is a troll it is also a type of an informative troll.

      I am of-course redundant.

  4. And you thought THAT was bad by RucasRiot · · Score: 3, Funny

    Remember Apple Records' suing Apple Computer for selling music-related products? I bet they REALLY won't like this!

    --
    Props to GNAA!
    1. Re:And you thought THAT was bad by techno-vampire · · Score: 1

      I don't know if it's still true, but at one time Apple Computers was paying royalties for the name to Apple Records.

      --
      Good, inexpensive web hosting
  5. Let's end this now by FunWithHeadlines · · Score: 2, Funny

    OK, I give up. I see where this is going. Let's skip to the end move now: "Hey, M$, Take my DNA and patent it and put me out of my misery now."

    1. Re:Let's end this now by Anonymous Coward · · Score: 0

      Boy, that dollar sign on "MS" is the funniest thing I'ver ever seen. Comedic genius. Fresh comedy is the greatest. Even Linu$ Torvald$ would chuckle.

    2. Re:Let's end this now by Anonymous Coward · · Score: 0

      Sadly for you, that wasn't the funny part. But hey, keep trying.

  6. and so they say... by oneishy · · Score: 0

    Truth is stranger than fiction.

  7. Microserfs have a sense of humour too! by coupland · · Score: 5, Insightful
    While the patent application itself has no information to link it to Microsoft I can't help but imagine this was the brainchild of a Microsoft employee who is a Mac enthusiast and who has a decent sense of humour. Obviously this is not a Microsoft patent but I suspect we have a MS huckster with a penchant for the kind of humour that's popular on /.

    Good for him/her, if you spend all your time scowling at Microsoft your face will freeze that way. Ya gotta smile from time to time. :)

    1. Re:Microserfs have a sense of humour too! by erikharrison · · Score: 5, Funny
      the kind of humour that's popular on /.

      I think you mean poplar. *snicker*

      You know! Like the tree!

      Apples grow on trees! It's a tree joke!

      Anybody? Please? *sigh*

      There goes my hope for ever having a +5 Funny post . . .philistines . . .

    2. Re:Microserfs have a sense of humour too! by Anonymous Coward · · Score: 0

      Thou failth it.

    3. Re:Microserfs have a sense of humour too! by Anonymous Coward · · Score: 0

      nah, from what i heard it was a total accident. we got a good laugh out of it, though. :-)

    4. Re:Microserfs have a sense of humour too! by Anonymous Coward · · Score: 0

      Your pun is genuinely funny. I respectfully suggest that next time, you leave the other stuff off.

    5. Re:Microserfs have a sense of humour too! by Phidoux · · Score: 1

      Up to "philistines" you only had +1 Funny... Only one word gave you the other +4! Good one!

    6. Re:Microserfs have a sense of humour too! by Anonymous Coward · · Score: 0

      Ya gotta smile from time to time. :)
      Format your windows partition...

      It works for me lol :P

    7. Re:Microserfs have a sense of humour too! by drinkypoo · · Score: 1

      Acacia didn't notice, the pun is the lowest form of humor.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:Microserfs have a sense of humour too! by maxwell+demon · · Score: 1

      Well, if they now patent black apples as well, they can patent the red-black-tree!

      --
      The Tao of math: The numbers you can count are not the real numbers.
    9. Re:Microserfs have a sense of humour too! by Cally · · Score: 1
      leaf it out, bud! You're barking up the wrong tree... in case you haven't twigged yet, it's time to branch out.

      Disclaimer: I just read an Asterix book :)

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
  8. Microsoft Patent : You by Dozix007 · · Score: 2, Funny

    Just in, Microsoft has now patented it's users ! The Copyright Department of the US Gov. issued this copyright after it's head offical recieved an "anonymus" gift of 25,000,000,000. Microsoft claims patenet on it's users due to the fact it has integrated idiots across the nation into it's system, and they can't fuction without it :P

    1. Re:Microsoft Patent : You by Mike+Hawk · · Score: 2, Funny

      The other OS creators responded saying that they intend to submit prior art but haven't actually invented end-users yet.

  9. A story about a plant patent? by Anonymous Coward · · Score: 0

    Slashdot: News for botanists. Stuff that makes you wonder what plant-derived illegal substances the editors are abusing.

  10. ooo by Anonymous Coward · · Score: 0

    *runs out to patent fungus on his toes*

  11. wow by Anonymous Coward · · Score: 5, Funny

    Sun patents the Moon, news at 11...

    1. Re:wow by Anonymous Coward · · Score: 0

      And MS recently settled with Sun, so they have access to Rev. Moon's fanatics around the globe....

    2. Re:wow by JPriest · · Score: 1

      Sun has intrest in the moon. There is an interview with Scott McNealy here where he expresses his intrest for the aquisition.

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    3. Re:wow by Anonymous Coward · · Score: 0

      So THAT explains the merger; MS was merely looking for their head!

  12. Interesting. by The+Human+Cow · · Score: 5, Funny

    Unfortunately, in order to eat this apple you're going to have to have two mouths, 350 teeth, and the stomach the size of a small child.

    --
    The Human Cow - bringing you scrumtrelescence since 1995
    1. Re:Interesting. by craXORjack · · Score: 5, Funny

      Also you have to sign an NDA, an EULA, and a second mortgage before you begin eating the apple.

      At random times during consumption, the apple will unexpectedly evacuate your stomach and you will have to start over.

      You will be charged a yearly subscription fee for eating the apple whether you actually ate any of it or not. However you will get a slightly reduced rate by agreeing to eat the apple (and nothing but the apple) for the rest of your life.

      --
      Liberals call everyone Nazis yet they are the closest thing to it.
    2. Re:Interesting. by cammoblammo · · Score: 1

      the apple will unexpectedly evacuate your stomach...

      Gee, I'd hate to see what a core dump would look like...

      --

      Cogito, ergo sig.

    3. Re:Interesting. by jack_csk · · Score: 1
      Also you have to sign an NDA,

      Does that mean I can't digest the apple and shit my crap out? coz once you shit, that's disclosure.


      (Am I gonna loose my Karma for that?)

  13. Robert! by Anonymous Coward · · Score: 0

    Bobby Burchinal apparently has forgotten that I discovered his genetic code and have patented him so I assume ownership of any of his patents (whether they're of other life or not).

  14. A tree by RubberDuckie · · Score: 2, Funny

    Interesting that you can patent a tree you 'discovered', and did not create. Perhaps I'll patent air.

    1. Re:A tree by Anonymous Coward · · Score: 0

      Why, did you discover it?

  15. Lindows meet Microsoft by Neo-Rio-101 · · Score: 1

    Hey, if this is a good enough stunt for Lindows to pull on Microsoft... why can't Microsoft do it too?
    (But this time do it right by getting patents)

    Maybe Apple can retaliate by getting a patent on a particular type of four-paned window.....

    --
    READY.
    PRINT ""+-0
    1. Re:Lindows meet Microsoft by irokitt · · Score: 4, Funny

      New Microshatter windows! They spontaneously shatter, allowing you to enjoy the deep blue sky (hereby trademarked as the Blue Screen of Delight)! Pick one up today! And another! And another....

      --
      If my answers frighten you, stop asking scary questions.
    2. Re:Lindows meet Microsoft by Anonymous Coward · · Score: 0

      No the Linspire team would have to come up with a product LIKE in name or use to a future MS product that MS has yet to fully patent and rush it to market as a pile of crap (much like MS does) I propose patenting all kinds of systems for helping users and locking people into EULAs because that's where MS is driving these days so if they can get some low key patents first and then claim that their product affects the marketability of Linspire uzer intarface XO because it's too similar to the idea of a user interface XP then they could swing it for a while till MS sued them for the use of a vowel

  16. So... by elid · · Score: 4, Funny

    ...this goes under the 'Apple' slashdot section?!?

    1. Re:So... by TitusC3v5 · · Score: 1

      Psst....it's a joke. :-)

      --
      And the masses cried out, "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0!"
  17. Error. by dj245 · · Score: 4, Funny
    Apparently, the assignation of the patent to Microsoft was an error.

    A Microsoft spokesman refused to comment on the substance of the error, but alluded to a secret project named "Money Tree". When corrected that money does not in fact grow on trees, but rather on bushes and shrubs, the Microsoft spokesman paused in contemplation, then ran quickly to his car shouting "Eureka!". Microsoft stock finished up 1/4 to land at 26.30.

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    1. Re:Error. by gnunick · · Score: 2, Funny

      Apparently, the assignation of the patent to Microsoft was an error.

      Well, we all know what a house of assignation the Patent Office has become lately, so it's no surprise to me that these sorts of things are going on!

      --
      I have no special gift, I am only passionately curious. --Albert Einstein
    2. Re:Error. by dthree · · Score: 5, Funny

      "When corrected that money does not in fact grow on trees, but rather on bushes and shrubs"

      Would that be a microsoft hegemony?

      "hedge o money"?

      nevermind.

      --
      "I forgot my mantra."
    3. Re:Error. by Trumpetgod2k1 · · Score: 0

      So donating 699 of these bushes or shrubs to SCO would be 'hedging your bets'?

    4. Re:Error. by headkick · · Score: 1

      I'm sure it was an honest error. All the other patent applications were from Microsoft.

  18. Worms by RucasRiot · · Score: 2, Funny

    Betcha that Microsoft apple gets attacked by a lot of worms called Sasser. Blue Seeds of Death?

    --
    Props to GNAA!
    1. Re:Worms by Socket+Scientist · · Score: 1

      Exactly. Microsoft's plan had nothing to do with humiliating Apple Computer -- they wanted the apples for worm bait.

  19. Read the article... by erick99 · · Score: 5, Informative
    Read the article folks, it was a mistake.

    A Microsoft representative confirmed that the assigning of the patent to the company was a mistake..

    The article does go on to discuss the huge inventory of legitimate tech patents that Microsoft has and how they plan to license more of same.

    But the software giant has been a prolific patent generator in other areas. The company embarked on a campaign late last year to generate more revenue from its patent portfolio, offering to license widely used inventions such as its ClearType font technology and FAT storage format.

    I think that the writer thought "Microsoft patenting Apple" was a humorous intro to Microsofts rather deep pile of patents.

    Happy Trails!

    Erick

    --
    http://www.busyweather.com/
    1. Re:Read the article... by Dingeaux · · Score: 1
      But the software giant has been a prolific patent generator in other areas. The company embarked on a campaign late last year to generate more revenue from its patent portfolio, offering to license widely used inventions such as its ClearType font technology and FAT storage format.

      They can't patent my FAT....not without removing it through lipo-suction or somesuch...

    2. Re:Read the article... by cammoblammo · · Score: 1

      ...offering to license widely used inventions such as its ... FAT storage format.

      I'm a bit unclear on US patent law, but isn't this a submarine patent? People have been using FAT for years--certainly more than 12 months.

      Or doesn't this restriction apply to companies which have as much cash as crash?

      --

      Cogito, ergo sig.

  20. This story does not have enough jokes. Really. by rasafras · · Score: 4, Funny

    "Apple patented by Microsoft."
    "sold commercially as the 'Adams Apple'"

    We need some more, like...
    "Just some more worms for Microsoft"
    "Do they have plans for authentication?"
    "Microsoft shows the softer side of a monopoly"
    ...and so on...

  21. Tsk Tsk by g3head · · Score: 5, Funny

    I knew the patent office was slow, but dang. April Fools day was over a month ago...

  22. Apparently.. by Metallic+Matty · · Score: 1

    Apparently the apple has been mistakenly assigned to Microsoft.

    This is clearly a Microsoft plot to install their propreitary software on produce world wide.

    1. Re:Apparently.. by Anonymous Coward · · Score: 0

      And you post is clearly a pear-shaped loser's plot to try to be funny. Guess what, butt licker- it aint workin.

  23. In other news... by dj245 · · Score: 5, Funny

    Apple (AAPL) registered a patent for a new device designed to transmit radient energy from the sun from outside houses to the interior of the house, using 4 glass pieces affixed in a wooden frame. Apple calls their new development a "Window". Apple stock finished up 1/2 to wind up at 26.65

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    1. Re:In other news... by XryanX · · Score: 1

      They might get sued by M$ for the use of the word 'Window'.

      I mean, after the Lindows debacle, one can only assume that M$ owns the rights to any word containing the letter arrangement 'indow'.

    2. Re:In other news... by Wehesheit · · Score: 1

      That joke went so far over your head it hit a skyscraper.

      --
      This P.I.G. will walk on the water, This P.I.G. will walk on the sea, This P.I.G. will walk whereever he wants.
    3. Re:In other news... by XryanX · · Score: 1

      Eh, I understood the joke perfectly. Perhaps I should've put sarcasm tags around my post?

  24. Stupid patents by 3ryon · · Score: 1

    Kinda funny, but it highlights the stupidity of our patent system. I wonder if I should patent the mold in my shower as a lethal weapon. Perhaps I'll name it SporediferousBillGatesium.

  25. Apple Tree? by ejaw5 · · Score: 4, Funny

    What kind of (tree based) data structure is this? How would one go about making it AVL? ...and I thought B-Tree was bad.

    --

    $cat /dev/random > Sig
  26. They acknowledge it was an error, already. by Stephen+Samuel · · Score: 1

    Steve Jobs must be very, very, relieved.

    --
    Free Software: Like love, it grows best when given away.
  27. The correction to the patent by statusbar · · Score: 4, Interesting

    Microsoft has filed with the Patent Office for a certificate of correction to re-assign the patent to Burchinal, the representative said.

    Why should Microsoft have to file a certificate of correction? The process is wrong - What if Microsoft decided 'Hey, we are going to keep the patent. You just try to take it back'. It is the patent office's mistake.

    <tinfoilhat place="on">What if the copies of Microsoft Office that were sold to the Patent Office were given a hidden feature of inserting Microsoft into patents that matched specific keywords?</tinfoilhat>

    --jeff++

    --
    ipv6 is my vpn
    1. Re:The correction to the patent by servoled · · Score: 1

      Why do you assume that they have to? What makes you think that the original applicant can't also file a certificate of correction?

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
  28. Forbidden Fruit by J+Nny · · Score: 3, Funny

    Hmmm....Adam's apple, the apple taken from the tree of wisdom. Joy. Just remember, God hath commanded that all ye who tasteth of the forbidden fruit be condemned to hell. Say hi to Billy when you get there.

  29. But it *Was* a Mistake by ewhac · · Score: 4, Funny

    Said an unnamed representative from the USPTO, "Oops, sorry, that one was supposed to go to Monsanto. Honestly, keeping track of evil amoral corporations these days is a real Pain-in-the-Ass(R)."

    Schwab

  30. Mistakes by nadolph · · Score: 0

    I believe this could be a mistake.
    But will it be a mistake when Microsoft patents all our other favorite foods.

    "Triple Fudge Cake, By McCain in partnership with Microsoft Foods Inc."

    --
    With the moo and the cow and the fish. Minesweeper Record: 7 sec
  31. how was this patented? by sleepnmojo · · Score: 1

    The fact that anyone could patent an apple just goes to show you that the patent system needs to be redone. How this was even passed on to anyone, given prior 'art' is beyond me.

    Even though Microsoft supposedly didn't get the patent; I wonder if the true patent holder will now sue all apple farmers, saying it infringes on their patent.

    1. Re:how was this patented? by servoled · · Score: 2, Informative

      This patent only covers a specific type of apple, not apples in general. Plus, I think plant patents opperate a little differently the utility patents, although I really don't know that much about plant patents.

      Plant patent information can be found here for anyone that is really interested in the subject.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
  32. Never in a million years... by Tongo · · Score: 1

    did I think I'd see my home town on Slashdot.

    1. Re:Never in a million years... by akeyes · · Score: 0

      I don't expect to see my home town on /.

      West Chester, PA

      Oh look, there it is.

  33. Oh the madness! by chrispyman · · Score: 3, Funny

    First SCO says it owns Linux, then Microsoft says it owns Apple... oh the horror!

    1. Re:Oh the madness! by Anonymous Coward · · Score: 0

      Actually, Microsoft does own apple....

  34. Patent fat!!!(ot) by oliverthered · · Score: 1

    it's just a linked list, some people will patent anything.

    --
    thank God the internet isn't a human right.
  35. Oh great. by mikeophile · · Score: 5, Funny

    Does this mean I should expect the blue sky of death?

    1. Re:Oh great. by Anonymous Coward · · Score: 0

      You are the funniest troll I've ever seen.

    2. Re:Oh great. by rd4tech · · Score: 1, Funny

      That depends on "What do you want to breathe today?"

    3. Re:Oh great. by Erratio · · Score: 1

      Just imagine the comments said in a nice Ben Steinesque voice.

      --
      I don't try to be right, I just try to make people think
    4. Re:Oh great. by Feanturi · · Score: 2, Funny

      Does this mean I should expect the blue sky of death?

      By Toutatis!! The sky is fa--oh nevermind we've covered that.

    5. Re:Oh great. by May+Kasahara · · Score: 1

      Heh, yeah. Check out the guy's user name too-- sure as hell explains a lot...

  36. Patent Systems Are Flawed by RabidChicken · · Score: 5, Interesting

    This is exactly why we should take a serious look at whether the United States should have a patent office at all.
    The original concept of the patent system was fine in an era or rural agriculture and home shops. The economics of Perfect Competition (http://en.wikipedia.org/wiki/Perfect_competition) required something governmental to effectively reward the researcher.

    Today that is quite different.

    The small, lone inventor is now a myth because 1) research on technical things (Software Patents aside, those are just bad period.) is done now by large universities and businesses who only can license other technologies and pay the research. 2) the patent application system is prohibitively expensive for any small player. Furthermore, so many applications are filed a year, the office spends about 17 hours an application. 17 hours is not enough to have a generally education person (not even necessarily someone in the field) to take a serious look at the invention. The only way one can compete with a patent is through cross-licensing one technology for another which allows the companies in competition to produce the same product. That makes the patent system moot to all but those entering the market, who get screwed.

    The argument goes on, but for the sake of briefness I'll cut it off there at a gross generalization.

    Why, for the sake of God's Green Earth, can anybody claim a patent on something that has grown in the ground, DISCOVERED (not invented), and not researched. I don't care, quite frankly, who discovered it, I want to know if there was any human invention in its creation. If there isn't, the patent system has failed on a fundamental level because it's. Not. An. Invention.

    Are there any nations with sane copyright, patent, and other laws?

    1. Re:Patent Systems Are Flawed by sik0fewl · · Score: 1

      Are there any nations with sane copyright, patent, and other laws?

      Soviet Russia?

      --
      I remember when legal used to mean lawful, now it means some kind of loophole. - Leo Kessler
    2. Re:Patent Systems Are Flawed by Jozer99 · · Score: 2, Informative

      In fact, why have laws? We all know that if everything was legal, people wouldn't riot or steal. The legal system is a remnant of a time when society was used to opression. *inhales deeply from patented herb*

    3. Re:Patent Systems Are Flawed by servoled · · Score: 1
      35 USC 41 subsection (a)(1)(A) reads:
      The Director shall charge the following fees:
      On filing each application for an original patent, except in design or plant cases, $ 690.
      35 USC 41 section (h)(1) reads:
      Fees charged under subsection (a) or (b) shall be reduced by 50 percent with respect to their application to any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Director.
      So, the application filing fee for a small entity comes out to a grand total of $345, hardly "prohibitively expensive for any small player". If you want a lawyer it will cost you extra, but there is no reason why you can't file pro se.
      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    4. Re:Patent Systems Are Flawed by westlake · · Score: 1
      Why, for the sake of God's Green Earth, can anybody claim a patent on something that has grown in the ground, DISCOVERED (not invented), and not researched. I don't care, quite frankly, who discovered it, I want to know if there was any human invention in its creation. If there isn't, the patent system has failed on a fundamental level because it's. Not. An. Invention.

      Successful field work demands money and talent. Taking a plant from it's discovery in the wild to the point where it may be commercially viable in agriculture, medicine, etc., also takes money and talent, or, if you, will, invention.

    5. Re:Patent Systems Are Flawed by Jonathan · · Score: 1

      Why, for the sake of God's Green Earth, can anybody claim a patent on something that has grown in the ground, DISCOVERED (not invented), and not researched.

      Discovery and invention are just two words for the same thing -- it's just that engineers like to say they "invented" something while scientists like to say "discover". And discovery *is* research.

      It's one thing to be against patents in general but it's just hypocritical to say that engineers should be able to patent their work but scientists not.

    6. Re:Patent Systems Are Flawed by KjetilK · · Score: 1

      The small, lone inventor is now a myth because

      Well, I can't quite agree with that, the Web was and is pretty much Tim Berners-Lee's baby, he did the foundation pretty much by himself.

      But it is telling that he is very much against the patent system too.

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
  37. Hineapple, of course by Anonymous Coward · · Score: 0

    The kind of apple one discovers (and the kind Microsoft should patent) is a hineapple.

  38. If I know Microsoft by Anonymous Coward · · Score: 3, Funny

    It'll be Burchinal Red Delicious version 3.1 before you'd want to bake a pie with one.

  39. Apple is sueing... by AchilleTalon · · Score: 3, Funny
    apparently they object Microsoft cannot use the name apple to identify the tree and/or the fruits of the tree.

    Rumors are going wild about Microsoft thinking seriously to throw the towel and rename it's invention Aspire.

    --
    Achille Talon
    Hop!
  40. So many people modded funny by INeededALogin · · Score: 0

    And to think how worried I was when I first read the title

    Too bad their isn't a microsoft tree that Apple accidentally be given a patent on:-)

  41. Not front page worthy by Anonymous Coward · · Score: 0

    Why in the world is this frontpage news?

  42. imagine! by Anonymous Coward · · Score: 0

    imagine a beowulf cluster of these!

  43. dispute! by potpie · · Score: 4, Funny

    I would like to contest that it was I and I alone who invented the apple tree and as such I will be suing.
    -God

    --
    Esoteric reference.
    1. Re:dispute! by rd4tech · · Score: 0

      I was thinking to reply with 'Great post' or 'Awesome post', but now, I think 'Divine post' will suffice :)

    2. Re:dispute! by Eccles · · Score: 5, Funny

      I would like to contest that it was I and I alone who invented the apple tree and as such I will be suing.

      Yeah, like you've got any lawyers up there.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    3. Re:dispute! by drinkypoo · · Score: 1
      He can always use the fear of eternal hellfire and damnation to put the fear of god into them and get them to work pro bono.

      Moses! Hey Moses! Get thee to court and fight this parking ticket...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:dispute! by dodobh · · Score: 1

      But he does have Weapons of Mass Destruction
      .
      Hmmm, it has been raining for the past week. I wonder....

      --
      I can throw myself at the ground, and miss.
    5. Re:dispute! by Anonymous Coward · · Score: 0

      Yeah, like you've got any lawyers up there.

      Funniest. Post. Ever.

    6. Re:dispute! by Anonymous Coward · · Score: 0
      Yeah, like you've got any lawyers up there.
      The last one he sent was crucified.
    7. Re:dispute! by Anonymous Coward · · Score: 0


      >> Yeah, like you've got any lawyers up there.

      > Funniest. Post. Ever.


      That's because it's from an old (but good) joke. I don't want to burst your bubble, but here it is:

      A man and a woman are engaged to be married but die in a car crash before they can tie the knot. After going to heaven, the couple decides that they still want to be married. They turn to God and ask him if he can help them with the wedding. God goes searching, and a few weeks later, directs them to a preist. The man and woman get married and are happy for many months, but things go sour, and they decide that they should get divorced. Once again, they turn to God and ask him for help.

      God replies, "It took me weeks to find a preist up here. Do you realize how long it's going to take for me to find a lawyer!?"

  44. The Final Solution... by CODiNE · · Score: 1

    Patent deep red colored Apples and sue Job's & company out of existence! =-o If only there was some prior art!

    Heh...

    --
    Cwm, fjord-bank glyphs vext quiz
    1. Re:The Final Solution... by Anonymous Coward · · Score: 0

      I knew there was a reason OS X v10.3 went to the brushed-chrome finish!

  45. How the hell? by nihilogos · · Score: 2, Insightful

    Do you get a patent on flora by finding it growing in a field?

    --
    :wq
    1. Re:How the hell? by crem_d_genes · · Score: 4, Informative

      Like this...

      Almost all apple seeds will bear crab apples if planted, so a tree that bears edible fruit in the wild is truly unique. Orchard trees are grafts, usually they have a crab root (or another suitable apple tree) and the fruiting portion is whatever type is desired. Very few apple trees self pollinate so crab apples(which stay in bloom longer), or other varieties that are in bloom at the same time as the variety planted are needed nearby. All that's needed to finish the mix is a healthy hive of bees.

  46. The next story will be ready soon... by NoMoreNicksLeft · · Score: 1, Informative

    But subscribers can read it early.

    1. Re:The next story will be ready soon... by Zed2K · · Score: 1

      And you get the same exact headline. Makes me wonder why anyone pays for anything online anymore since the same material is often duplicated (most of the time exactly) across multiple sites.

  47. Ask... by Anonymous Coward · · Score: 0

    ...and ye shall receive. Two mouths (sorry Ebaum).

  48. Patent? by berkut7 · · Score: 1

    What I want to know why a patent was granted for something that was discovered? I thought patents were for invented stuff...

    1. Re:Patent? by dpete4552 · · Score: 1

      Because they more than likely bred the apples this way. So they more or less did invent this breed of apple. Now if this is some breed that they just happened to come across in nature, then they would not be able to patent it.

      --
      http://www.archive.org/details/ThePowerOfNightmares
  49. Red Delicious Apples circa Windows 98 by fantastic+max · · Score: 1

    If I recall correctly, around 1998 or 1999 Washington apple growers were going bankrupt and ended up buldozing their orchards while refusing government bailouts. The problem didn't come from having bad trees or blights or whatever. The problem came from years of misguided selective breeding. Apple farmers were so caught up on making perfect looking red delicious apples that had that beautiful waxy red look on its own. The only problem with these apples was that they were completely flavorless and resulted in low sales. Bet this discovery is just result of this bad breeding. Maybe this is the future for M$. Wishful thinking anyway...

    1. Re:Red Delicious Apples circa Windows 98 by utahraptor · · Score: 1

      You know, that reminds me of the time I had an iBook. It sure was shiny, but when it came to performance, I had to ask myself, "Where's the beef?"

  50. I used to have an example of prior art.... by azuroff · · Score: 5, Funny

    ...but then I got hungry.

  51. Adam's Apple? by Otter · · Score: 1

    Am I the only one who finds prominent adam's apples (the one on your throat) unsettling? As a name for a food, it strikes me as utterly unappealing. Even more unappealing than Red Delicious apples normally are.

    1. Re:Adam's Apple? by Golgafrinchan · · Score: 1

      There was a time in my youth when I thought that a "window" was a looking glass for the rest of the world. Microsoft ruined that idealistic view. Now they're trying to do the same for fresh fruits. Heathens.

      --
      My userid is prime!
  52. Adams Apple? by isny · · Score: 1

    Try selling that one on eBay. Whoops! I guess you can't.
    Oh...you mean like a fruit apple...

  53. They just give it to them by default now by GoClick · · Score: 5, Funny

    With 800,000,000 patents day they just assume it's for MS and then sort it out after, it actually saves money that way.

  54. Apple pricing by Anonymous Coward · · Score: 0

    Here is Microsoft's apple pricing:

    Apples XP are $3/lb

    Costumers who have previously purchased Apples 95 or Apples 98 can get Apples XP for $2.50/lb. A valid license, um, I mean receipt, is needed

    Apples Longhorn will likely be available sometime in 2008. They will likely be very tasty, but they will also have very high digestive system requirements.

  55. What makes apple good by sumdumass · · Score: 1

    Asuming these apples are good and delicious, I guess Microsoft can now say "So get a mac, We invented what make apples good"

    As if it must be some marketing ploy.

  56. Validation error by GoClick · · Score: 2, Funny

    Your comment could not be validated, a closing sarcasam tag was detected without a matching opening tag or valid doctype please edit your document and try again.

  57. I'M GONNA BE RICH FOR THIS!!!! by Anonymous Coward · · Score: 0

    Variety of cannibus sativa that is favored by Jamaicans with purple hairs; often used to lower blood pressure ("loosen up") causing loss of concentration and apathy ("high"), often incapacitating said Jamaicans. ...

    Profit!!!

  58. Assignation? by ziani · · Score: 2, Informative

    Apparently, the assignation of the patent to Microsoft was an error.

    So there's a twist to the tryst?

    Perhaps you meant assignment.

    1. Re:Assignation? by omega_cubed · · Score: 2, Informative

      No no no!

      Assignation here is Legalese for the transfer of rights or property, so the poster and the article are using the word in its correct meaning. cf. Oxford English Dictionary (funny, None of the online dictionaries that I know of actually show this meaning besides the OED, which requires an institutional license for access).

      --
      Engineers also speak PDE, only in a different dialect.
    2. Re:Assignation? by belmolis · · Score: 1

      The term "assignation" is used where we would normally use "assignment" in C. H. Lindsey and S. G. van der Meulen's classic Informal Introduction to Algol 68.

  59. Assignation by DaoudaW · · Score: 1, Funny

    I RTFMed, but I haven't a clue what assignation is being discussed. But it would be like the folks at Redmond to deny it. Hell, even Clinton denied his assignation.

  60. Not another frivolous lawsuit... by CowboyShit · · Score: 0

    I think it's just Microsofts way of saying "Apple, we 0wn j00"

  61. In other news ... by Anonymous Coward · · Score: 0

    Microsoft also denied financing the snake, but after mankind multiplied, asserted its orginal IPee on the apple to own all of them. (Ok, mixed metophors.)

    Just for fun:
    http://www.theregister.co.uk/2004/03/09/bofh _prote cting_bodily_waste/

    (remove any spaces in the URL)

  62. Orchard by GoClick · · Score: 2, Funny

    It would be an Orchard and can you imagine how expensive it would be to handle the worms and still get productivity?

  63. more jokes by bSMfh · · Score: 1

    to eat it, you must press the stem and pick "peel"

    if you hit a worm, the apple mumbles "exception error"

    ...drumroll... If you press control-cloverleaf, the Microsoft Apple turns into a MACINTOSH!

  64. Next up, SCO by dedazo · · Score: 2, Funny
    Lawyers for the embattled Utah-based corporation did not confirm rumors that they intend to sue Microsoft over their patent of a rare type of apple. However, SCO's lead counsel was quoted as saying "our status as the original bad seed will not be undermined by these old fruits".

    Stay tuned.

    --
    Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  65. They have no prior art by GoClick · · Score: 1

    All of it has either been eaten or rotten

  66. Apples? Bah, we should have patented by penguinoid · · Score: 1

    we should have patented atoms or quarks when they were firsn discovered. Talk about monopoly!

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  67. I have a FAT storage format by Anonymous Coward · · Score: 0

    Its being a little pudgy around the midsection...

  68. The Real Reason by jgregs75 · · Score: 1

    Royalties from farmers growing these Burchinal Red Delicious are going to pay Bill's electric bill every month.

  69. Major problem with this by jgregs75 · · Score: 1

    These aren't edible...they will be consumed by fast spreading worms within days anyway. Stick to Granny Smiths.

  70. Microsoft's future commercial by svelt · · Score: 1

    "We at microsoft believe us as the tree, and our programs, the apples, are adequately described as falling, or being picked[pirated] by 'h4x0r5.' Please note that, much like an apple, most microsoft items go bad within 10 minutes of being opened (or turn a nasty brown color)"

    --
    --------- let's go steal some lunchboxes!
  71. Warning! by lemsip · · Score: 3, Funny

    Beware - I've heard that eating Microsoft apples leads to endless core dumps...

  72. Prior Art by syusuf · · Score: 2, Funny

    I think God has prior art on this one..

    1. Re:Prior Art by sn0wcrash · · Score: 3, Funny

      So all God needs to do to protect his patent is show up.

  73. This actually makes sense for most male users... by Bill_Royle · · Score: 1

    Before you get into bed with a company, first check to see if it has an Adam's apple. If so, choose an alternative.

  74. MOD PARENT FUNNY by Anonymous Coward · · Score: 0

    yeah

  75. Why is this news? by Luscious868 · · Score: 0, Troll

    What in hell is wrong with this site? Why in the world would this ever be posted as news? Is this site so blatently anti-Microsoft that when a stupid patent is accidently falsely attribtued to Microsoft it's worthy of a fucking news story? You don't honesty think stupid shit like this happens all the time? Oh no, some asshole in the patent office made a mistake, hurry, let's post a fucking story on Slashdot!

    Mod me down all you want. This is totally fucking stupid. No wonder Slashdot is quickly becoming a fucking laughing stock. What a waste of time. You people and your anti-Microsoft, anti-Goverment, left wing bull shit! What a fucking crock. Who exactly do you think owns Slashdot anyway, huh? You're just as beholden to corporations as people who buy Windows. You fucking dolts just don't realize it. Take a quick look into who owns and funds this site if you think your shit doesn't stink. Trust me, if they ever found themselves in the position Microsoft was in, they would do exactly what Microsoft has done.

    You fucking sheep make me laugh out loud. Say what you will about me, at least I know who and what I support. You fucking idoits are working for the man just like I am, the differnce being I know what I'm doing and you idoits think your on some crusade against "the man". Well I've got news for you tools, we both serve the same master. The differnce being I have no delusions about what I'm doing and you peope think your movement is the second coming. You delude yourselves.

    1. Re:Why is this news? by Bill_Royle · · Score: 3, Funny

      Easy there, sport. For the record, I'm on no crusade against "the man". However, the day I put that many expletives into three paragraphs over a story on Slashdot, I'm putting a request into Facilities to move my cube at least 30 more feet from the soda machine.

    2. Re:Why is this news? by svelt · · Score: 1

      so you don't like "here" but you stay? i just dont get some people.

      --
      --------- let's go steal some lunchboxes!
    3. Re:Why is this news? by Anonymous Coward · · Score: 0

      You forgot about the anti-patent angle, you fucking lazy piece of shit.

      Hey, that fucking swearing crap is damn fucking fun. Fuck.

    4. Re:Why is this news? by DMUTPeregrine · · Score: 1

      The story isn't anti-microsoft, it's anti-patent office. The patent office needs a major overhaul (if not elimination, though that may be extreem) and this is yet another piece of evidence showing that. It doesn't matter that Microsoft patented the apple, that just makes the story funny. What matters is that a NATURAL TREE can be patented. Oh, and that supporters link on the sidebar. Ya. Lots of people actually look at that.

      --
      Not a sentence!
    5. Re:Why is this news? by CommieOverlord · · Score: 1

      anti-Goverment, left wing bull shit!

      Well, technically, left-wing typically means pro-Governement. You know, Communism, Socialism, etc. But then I'm sure you knew that.

  76. Telling it like it is... by TheHonestTruth · · Score: 1
    Because the grand-parent post is incorrect. Naturally occuring plants are not patentable. Nor is this a "new" development, since at least one of the Amendments to the statute happened back in 1954.

    From the PTO website

    Minor nitpick, plant patents are for 20 years accoriding to the site -truth

    --

    I had a steady B+ in my AI class until I failed the Turing test...

  77. No by Anonymous Coward · · Score: 0

    It means your going to be spending a lot of money from now on just to use Windows. But that was already the case

  78. Did you just describe... by Anonymous Coward · · Score: 1, Funny

    ...Steve Ballmer or Larry Ellison?

  79. Re:It's Cinco de Mayo by Anonymous Coward · · Score: 0

    Re:It isn't even april...:
    I thought that it is worth noting that patenting things you create is entirely legal and even profitable. Hybrids such as those apple tree can sold earlier in the season! Which means healthier snacks for people in the spring time :)

    Happy Cinco de Mayo!

  80. but but but..... by TheHonestTruth · · Score: 1
    How can I trash the patent system when you counter with facts?!

    A good link for debunking the ever present "Patents can only be afforded by huge megacorps" is the fee schedule. (link will change next time they update it)

    Slashdot is why I got interested in the law. Interest in the law is why I'll leave slashdot.

    -truth

    --

    I had a steady B+ in my AI class until I failed the Turing test...

    1. Re:but but but..... by servoled · · Score: 1

      Thanks for the link, I'll be sure to use it in the future.

      For some reason I still occasionally try to set the masses straight, but it is becoming more and more tiresome with each patent story posted. I think I'll eventually end up following the same course as you in time. Or, at the very least uncheck patent stories so they don't appear on the front page.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    2. Re:but but but..... by TheHonestTruth · · Score: 1
      I didn't even think of unchecking the patent stories. Thanks.

      I know the system isn't perfect, and examiners should have more time, but it really isn't nearly as bad as the /. crowd makes it out to be. But every time a patent story comes up, everyone throws up their hands, weeps, and gnashes their teeth about how ridiculous patenting has become.

      "Since when can you patent a plant??? This just shows how bad the system has become!!"

      Uhhh... plant patents have existed since at least the 50's.

      oi.

      -truth

      --

      I had a steady B+ in my AI class until I failed the Turing test...

  81. Jeez! it not even arbor day.... by baomike · · Score: 2, Funny

    eom

  82. Worms... by JonnyQabbala · · Score: 5, Funny
    Maybe they gave the patent to Microsoft because they both attract worms?

    Oh Come on, at least I didnt say "Imagine a beowolf cluster of these"

    --
    This sig intentionally left blank
  83. Only a microsoft employee.... by macshune · · Score: 1

    Would have a few grand and a lawyer handy to make a joke.

  84. Trees v2.0: I think that I shall never see... by theodp · · Score: 2


    Trees v2.0
    by Joyce Kilmer

    I think that I shall never see
    A poem as lovely as a patented tree.

    A tree whose hungry mouth is prest
    Against the earth's sweet flowing breast;

    A tree that looks to God all day,
    And lifts her leafy arms to pray;

    A tree that may in summer wear
    A nest of Adams Apples [TM] in her hair;

    Upon whose bosom snow has lain;
    Who intimately lives with rain.

    Poems are made by fools like me,
    But only inventors can make a tree.

  85. Yet another deceptive headline...... by molotovcD · · Score: 0, Redundant

    Yet another deceiving slashdot headline.

    ok, fine, make a headline that catches my attention, i even had NO problem with it being "apple patented by microsoft", but the fact is that it is in the "Apple" section, which is just... plain... deceptive.

    This has nothing to do with the apple section, but an apple trre, unrelated to technology, and is not even "news for nerds"... I dont want to hear about an apple tree, and we all know that microsoft patents everything, we going to put all of those as headlines too?

    At best, this is Microsoft news, not Apple.

  86. Microsoft and Apples = Worms by geekanarchy · · Score: 1

    This type of apple is apparently very susceptible to worms.

    Microsoft released a patch, which basically involves cutting out the core and replacing it with a Macintosh core.

  87. I can believe it - look what isn't mine by MerlynEmrys67 · · Score: 0, Offtopic
    This isn't mine

    So this is a patent filling, right from the USPTO - it isn't mine, e-mailed the law firm, no response. I am assuming sometime before it issues, but who knows. I would rather believe that the government screwed up rather than Microsoft is busy buying up patents on apple trees

    --
    I have mod points and I am not afraid to use them
    1. Re:I can believe it - look what isn't mine by Anonymous Coward · · Score: 0

      I don't get it, what's your point? Ah screw it i'll mod you offtopic.

    2. Re:I can believe it - look what isn't mine by MerlynEmrys67 · · Score: 1

      That the USPTO screwed up on a patent application, the patent sited - all though it has my name - was never filled by me.

      --
      I have mod points and I am not afraid to use them
  88. Yeah... by Anonymous Coward · · Score: 0

    but I understand he's got a senior partner in Killin Burnhamm and Hech on retainer in perpetuity.

  89. Re:This actually makes sense for most male users.. by Socket+Scientist · · Score: 1

    Before you get into bed with a company, first check to see if it has an Adam's apple. If so, choose an alternative.

    Which would have been perfect advice for those who invested in the Twenty-First Century Motor Car Corporation, a novel, if not notorious, 1970s stock fraud featuring a "female" CEO/con. "Her" LA company showed radical prototypes of an economical 3-wheeled car, just as Detroit was reeling from the first oil crisis. The charming CEO sold lots of stock and "dealerships" before the scam was uncovered and "she" left town, leaving behind -- as the press delicately reported it -- "a trail of protheses and wigs"!

    Perhaps you should look into patenting this Adam's Apple Test of yours!

  90. so how do you like them apples steve jobs? by netnerd.caffinated · · Score: 1

    i think someone with a sense of humor at the patent office is responsible for this one.

    --


    You tried your best, & you failed miserably,
    The lesson is:
    Never Try
  91. Wormy! by insecuritiez · · Score: 1

    Microsoft still doesn't know how to make a produce not susceptible to worms... *sigh*

  92. Re:It's Cinco de Mayo by tarunthegreat2 · · Score: 1

    Does that mean that if I spread my 'seed' I get to patent any babies/foetuses as a result? (ducks)Of course, since I am a slashdotter, I doubt I'd get to spread my seed in the appropriate bushes...(ducks again!)

  93. Resist this patent madness by vandan · · Score: 4, Insightful

    Life forms should NEVER be patented.
    This includes whole species, DNA strands, theoretical life forms, THE LOT.

    Companies have NO RIGHT to be patenting life itself, which should be held sacred above all else, for philosophical, ecological and societal reasons.

    THAT MEANS YOU, MONSANTO!

    1. Re:Resist this patent madness by Fritzed · · Score: 2, Interesting

      I have to strongly disagree with you. Companies that genetically engineer or selectively breed plants spend a lot of money to do so. As with pharmaceutical companies, patents are necessary to pay for the recearch and effort that they have put in. I do, however, believe that this type of patent should have a short life span (3 years maybe).

      -> Fritz

      --
      Spooooon!!!!!
    2. Re:Resist this patent madness by smcavoy · · Score: 1

      I have no doubt they spend loads of money on R&D. But the fact that they own the plant out right is scary. What happens when seeds are found on someone elses property? People get sued by corporations. This has already happened (at least in Canada).
      Something like a short patent life span could possibly make the concept bareable. But strict controls need to be in place on how and where these would grow, what about their seeds (i.e. they should be infertile if thats even possible).

    3. Re:Resist this patent madness by Anonymous Coward · · Score: 1, Insightful

      RTFA.

      This plant was DISCOVERED not bred, nor was it genetically engineered. It's like someone patenting an element that they discovered.

      Not everything that costs money to create/discover should have patent protection. It costs money to discover new stars and planets, can these people then patent the planets they find? If that sounds stupid, think about your argument.

  94. please enlighten us by Anonymous Coward · · Score: 0

    Some of us aren't as nerdy as we'd like to be.

    1. Re:please enlighten us by Joel+Carr · · Score: 2, Funny

      SPACEBALLS

      Once upon a time warp...

      In a galaxy very, very, very,
      very, far away there lived
      a ruthless race of beings
      known as...Spaceballs.

      Chapter Eleven

      The evil leaders of Planet
      Spaceball, having foolishly
      squandered their precious
      atmosphere, have devised a
      secret plan to take every
      breath of air away from
      their peace-loving neighbor,
      Planet Druidia.

      Today is Princess Vespa's
      wedding day. Unbeknownst
      to the princess but knownst
      to us, danger lurks in the
      stars above...



      If you can read this, you
      don't need glasses.

      ----

      DVD Details at Amazon

      Now, back to work... :)

      ---

      --
      Any man who can drive safely while kissing a pretty girl is simply not giving the kiss the attention it deserves. -- AE
  95. Apple Section? by teklob · · Score: 0, Redundant

    I like how this was posted in the apple section. The editors must be so busy they don't even have time to read more than the title.

    1. Re:Apple Section? by teklob · · Score: 1

      god damnit why dont the mods check the timestamps on posts before modding mine redundant

  96. patent madness by Anonymous Coward · · Score: 0

    Can't resist urge....

    I'm going to patent your ass!

  97. Free MS Toaster by Celt · · Score: 2, Funny

    ...when you buy MS apples and MS air you get a free MS toaster*

    *Please note MS toaster can only be used with MS butter and MS bread

    --
    "WebTV: bringing the Internet into the shallow end of the gene pool since 1995" - Martin Bishop
  98. The answer by ValourX · · Score: 2, Funny

    How about:

    Dark Helmet: (low tone) The way Microsoft manages things it won't last six months.

    -Jem
    1. Re:The answer by SEWilco · · Score: 2, Funny

      I sense a great disturbance in the farce.

  99. They're not getting much. by Dr.+Mu · · Score: 1
    Having lived in Washington State now for nearly 30 years, I can remember when the red delicious apple lived up to its name. But that all changed as more and more orchards were planted, each aiming for that deep red apple that would make the grade "Washington Extra Fancy". Unfortunately, sugar content and pressure (crunchiness) didn't enter into the grading equation, because they were not factors that could be tested for non-destructively. As a consequence, the variey evolved into a deep red but tasteless, mushy fruit whose main job was making it to the grocer's checkout.

    But such shortsightedness soon comes home to roost, and now the Washington red delicious is a much maligned fruit, with more flavorful varieties on the ascendency. So did Microsoft really get anything worthwhile with this patent? Hardly. The new sub-variety's main claim to fame is that it turns red sooner. Big deal! That merely reinforces already-discredited thinking.

  100. What's the difference... by MegaT · · Score: 2, Funny

    ...between a rotten apple and Windows XP?

    One's probably infested with worms,

    and the other one's a rotten apple.

  101. Hehehee. by displaced80 · · Score: 1

    "Would you like to eat this apple? Yes/No"

    "To complete digestion, your intestines must be restarted. Click Yes to restart now, or No if you intend to empty your intestines manually."

    "Are you sure you wish to move apple core to the recycle bin?"

    one for linux:

    "core dumped"

    *groan* ....

    --
    What's the frequency, Kenneth?
  102. I am still waiting by Anonymous Coward · · Score: 0

    For SCO to come up with a patent on life.
    Then finally we could all be forced to pay for the non-exclusive, non-transferable right to live. Can you imagine the termination clauses?

  103. heh heh... by Anonymous Coward · · Score: 0

    Imagine my surprise tonight...I take my girlfriend to dinner @ Applebees in Wenatchee, WA, go back to her place in East Wenatchee, WA, spend some good quality time with her and come home, fire up /. and lo and behold my hometown is in the news....heh heh heh....it's a small world after all ;)

  104. Cattle by goatan · · Score: 1

    If you can Patent an apple tree could i breed a new variaty of cattle and patent the livestock?

    --
    Saying Apple is better than MS is like saying Botulism is better than rabies.

  105. Pray for our brothers and sisters! by Anonymous Coward · · Score: 0

    Genesis 3
    1 Now the serpent was more subtil than any beast of the field which the LORD God had made. And he said unto the woman, Yea, hath God said, Ye shall not eat of every tree of the garden?
    2 And the woman said unto the serpent, We may eat of the fruit of the trees of the garden:
    3 But of the fruit of the tree which is in the midst of the garden, God hath said, Ye shall not eat of it, neither shall ye touch it, lest ye die.
    4 And the serpent said unto the woman, Ye shall not surely die:
    5 For God doth know that in the day ye eat thereof, then your eyes shall be opened, and ye shall be as gods, knowing good and evil.

  106. How the... by Anonymous Coward · · Score: 0

    ...fuck can you patent something which you just happened to notice was growing in your backyard?

    I've just applied for a patent on toenails, so all of you had better get your cash ready.

  107. Typical... by devilkin · · Score: 1

    To be honest, I wasn't really surprised. If you've read /. in the past, you've seen how many idiotic and stupendous patents are issued by the american patent office. I really wonder if noone bothers to check these things, like (not relevant to this case) prior art, validity of a patent, ...

    OK, they have a lot of work. True. But still, if the USA values its patent office so much as they say they do, maybe they should invest a bit more in more personnell that actually knows what they're doing and less in pulling muscle all around the globe.

    I wouldn't be amazed if they actually manage to patent air, or water, someday to someone.

  108. In A.D. 2004 war was beginning... by jonesvery · · Score: 1


    STEVE: What happen?
    MECHANIC: Somebody set up us the patent.
    OPERATOR: We get signal.
    STEVE: What!
    OPERATOR: Main screen turn on.
    STEVE: It's you!!
    BILL: How are you gentlemen?
    BILL: All your patent are belong to us.
    BILL: You are on your way to destruction.
    STEVE: What you say!!
    BILL: You have no chance to survive make your time.
    BILL: HA HA HA HA...

    --

    * * *
    It is a dada story -- it has no moral.

  109. Pretty appropriate really by michaeldot · · Score: 1

    Imagine the product: Microsoft Apple 2004

    Looks shiny, everyone's eating them, so you take a bite then notice it's full of worms and you have a pain for the next few hours.

  110. Now, the real question is ... by maxwell+demon · · Score: 1

    ... does that apple contain Palladium?

    --
    The Tao of math: The numbers you can count are not the real numbers.
  111. Another inflamatory insane story by Anonymous Coward · · Score: 0

    You cant patent it, its a fucking TREE!!!
    Mad Americans!

    Wake the fuck up!!!

  112. USPTO by thejackol · · Score: 1

    I'm beginning to like the feller's down at USPTO. They're having a ball.

    "Oh let them fuckers handle it later. We'll be long dead by then."

  113. The New Version of an Old Practice by Lindril · · Score: 1

    In The Godfather, when you want to send a message, you drop a severed horse-head in your target's bed.

    In the modern software world, you file an otherwise useless botanical patent that bears a strong iconic resemblance to your competitor. It's a corporate-geek threat.

  114. Genes can be patented by PsiPsiStar · · Score: 1

    Yeah, but you can patent particular genes by patenting the nucleic acid strings used to find/identify them. So it may not be possible to patent a dodo bird, but you can patent "the act of looking at a dodo bird" apparently, at least on the genetic level.

    --

    ___
    It's the end of my comment as I know it and I feel fine.
  115. GM OS by webzombie · · Score: 1

    Everyone knows the M$ is now seeking to using genetically manufacturing to "grow" the code base for the next generate OS!

  116. prior art by PsiPsiStar · · Score: 2, Insightful

    In the past, the existance of a thing prior to the patent seeker's discovery invalidates the patent. You can't patent somthing if there is prior art, i.e. "if it's been done before". If you find somthing occuring naturally in nature, it's been 'done before.' The purpose of a patent is to move information related to such things as fabrications or industrial processes into the public domain. As someone else mentioned 'there are no transistors in nature', and scientific laws cannot be patented just because they're discovered. You have to apply them for a particular application in a new way.

    --

    ___
    It's the end of my comment as I know it and I feel fine.
  117. Make money scheme. by Golobarti · · Score: 1

    1. Patent a strain of Marijuana plants. 2. Follow news on growhouse takedowns. 3. Sue the operators in civil court for patent infringement. 4. Profit!

    --
    Do not look into the laser with remaining eye.
  118. Who cares? by OhHellWithIt · · Score: 1

    Red Delicious apples are like grocery store tomatoes, bred to look pretty but having neither the taste nor the consistency of the real fruit.

    --
    "Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
  119. There goes the neighborhood by jast · · Score: 1

    I'm glad I got out of there when I did! Next thing you know, MS will start buying up land to create MS Apple orchards. I guess this is their way of branching into control of the food supply as well as the software supply.

    --
    Eat, Drink, Be Merry. Join the /. revolution! http://jast.deviantart.com
  120. assignation by crmartin · · Score: 4, Funny

    I don't think that word means what you think it means.

  121. OMG WTF JFC!? by t_allardyce · · Score: 1

    Who cares if Microsoft patented it? The fact is, who-ever allowed there to ever be patents on trees is totally fucked in the head! Now looking at most politicians i dont know if they were just very old and should have retired, ill, insane, corrupt or totally fucked out of their mind on acid. At what level of sanity can you justify patenting a tree? Please someone enlighten me?

    --
    This comment does not represent the views or opinions of the user.
  122. stfu up with the MS bashing by Anonymous Coward · · Score: 0


    when will the slash dot kiddies grow up and drop this vendetta???

    is it the slashdot manifesto to create things to bash MS over????

  123. Patent... by NemosomeN · · Score: 1

    I just checked the patent... and it's a patent on a circular saw. CIRCULAR SAW!"

    --
    I hate grammar Nazi's.
  124. An 'error'? by nurb432 · · Score: 1

    How on earth do you assign a patent to the wrong party?

    And how often has this occurred in the past i wonder?

    --
    ---- Booth was a patriot ----
  125. "bite-through' EULA? by nurb432 · · Score: 1

    Print it on the apple, ' by biting thru this, you agree ... '

    --
    ---- Booth was a patriot ----
  126. 2 words by Anonymous Coward · · Score: 0

    Patent Hijacking

  127. Apples XP by justkarl · · Score: 1

    Sounds great, but where can I get a driver? Or does XP have an abstraction for it already?

  128. Patent is probably the wrong word for this by shplorb · · Score: 2, Informative

    Here in Australia you don't patent plant varieties, you obtain Plant Breeders Rights (PBR) basically it's the same thing. It protects the horticulturalist who came up with the plant from others breeding the plant without permission and without paying royalties.

    I read a comment here that you shouldn't be able to do this to plants that were not interbred - plants that grew in nature. What would you say about what happened in our (my family runs a production nursery) place - my late grandfather discovered a mutant plant that had an advantage over what was currently being grown. It was the only one in the lot. Should we have not been able to get PBR on that?

    What happened with that plant occurs often in nature, however it rarely gets a chance to be propagated. The plants are all grafted, and it just so happened that this one was a sport (a mutated bud). In the wild, plants do not get grafted. Humans graft trees because it allows us to maintain consistency and grow a plant with certain characteristics as the choice of rootstock has a bearing on how the plant grows and what conditions it can grow in. If you take two plants and cross-pollinate them, the plants that grow from the resulting seeds will all be genetically different - just like humans having babies.

    But back to the PBR debate. As you may guess, it takes many years to develop or discover new varieties of plants - it is a very labour intensive and drawn-out process inherent with risks. Should a plant breeder not be afforded protection from unscrupulous operators moving in on his new variety and flooding the market to make a quick buck?

    For those that are interested, that mutant plant that my grandfather found was a Kaffir Lime. When we brought the Kaffir to Australia we could only obtain a very limited amount of budwood. We were under an agreement that we could not sell them for a few years whilst we ramped up production (using budwood from the previous years' lot for the next years lot.) because they were a tree that was in such demand that other nurserys would have bought the trees and propagated them, which would have denied the originator their royalties. The variety we grew was the best one to use for cooking - it had an extremely high concentration of volatile oils in the leaves - only problem was that it had big bastard thorns and the damn trees would scratch your arms to shreds (even through a jumper) when handling them. The mutant we found was the same, except it had no thorns! After keeping that tree under lock and key and giving it lots of TLC we took budwood and propagated it, repeating the process over a few years until we had enough to replace the volume of the original variety. The other main variety of Kaffir Lime sold in Australia is a fast-growing variety with large, light leaves and no thorns - only problem is that there's no flavour in the leaves. Go into an Asian grocery store and look at the Kaffir Lime leaves - they're all like the sort that we grow.

  129. But you just did by PetoskeyGuy · · Score: 1

    Oh Come on, at least I didnt say "Imagine a beowolf cluster of these"

    Perhaps you mean out loud? And don't think of Blue Elephants either.. crap.

  130. Microsoft Patented by Apple by Zoinks · · Score: 1

    Too bad there wasn't something called "microsoft" like in William Gibson's Neuromancer that Apple could invent and patent. Then we could have the equally disconcerting headline as this article!

    1. Re:Microsoft Patented by Apple by Gregb05 · · Score: 1

      Apple just needs to patent a new design of window, of course. IT'S ALL SO SIMPLE!!!

      --
      --
  131. And the horticulturalist said by Anonymous Coward · · Score: 0

    While this apple is simple to eat it is worth noting that it is extremely susceptible to worms and viruses.

  132. Change of profile ? by spiryt · · Score: 2, Funny

    Perhaps Microsoft is trying to protect itself against Linux. If the windooze goes down, they will be happily running a gardening business :) Always have something to fall back upon. Though Farmer Billy sounds a little sily :) An apple could easily be used to break windows :)

  133. Various thoughts by mwood · · Score: 1

    "Discovered?" Shouldn't you, like, have to *invent* something in order to get a patent? You know, do some work to call it into existence? It may be legal but it seems wrong.

    I'm a bit worried to hear that Microsoft is having assignations with patents. That is just too kinky for words.

  134. profit? by Ruliz+Galaxor · · Score: 1

    1. Microsoft founded
    2. Almost monopoly on desktop computers
    3. ????
    4. PROFIT!!!

    Now I definitely now where the 3 stands for!
    'Patent Apple' :)

    sig(h)

  135. In other news... by ArsenneLupin · · Score: 1

    ... Steven Jobs just patented the appearance of his male muscle.

  136. DRM for apples by ArsenneLupin · · Score: 1
    Then you wouldn't get a patent on the apple tree, but one on the apple tree with thorns.

    The purpose of the thorns, of course, are the apple tree's DRM, invented to prevent the neighbor's kids from pirating its apples...

  137. You clearly don't understand how apples work by FredFnord · · Score: 1

    Do I have to be the expert on EVERYTHING?

    Okay, here we go. There are two important facts about apple genetics. The first is, apple trees do not 'breed true' to their subspecies. That is to say, take an apple seed from a green granny smith apple tree. Pollenate it with pollen from another green granny smith apple tree. Plant it, water it, take care of it (for several years) until it matures enough to bear fruit. What are the chances that it produces green granny smith apples?

    Answer: roughly the same chances that you have of winning the lottery with one ticket. I don't remember the exact number but it is in the range of one in a million or worse.

    What are the chances that the apples are any more edible than your average crab-apple tree's apples? I don't remember this number either, but I believe it was between one in a thousand and one in ten thousand. Which, incidentally, are pretty much the same odds as you have for any of the seeds from the crab apple tree in your back yard producing a tree that yields desirable fruit.

    So where do all these green granny smiths actually come from? They're basically clones (grown from cuttings) of the One Original Green Granny Smith tree.

    So how does a person make new apple variants? Simple... he plants a WHOLE LOT of seeds, grows them to fruit-bearing, and checks each one to see if the apples taste good. If he gets something really good, then he stands to make a boodle. If he's not very lucky, every single one of the trees produces crab apples or otherwise inedible variants and he ends up with several acres of cordwood. And he tries again.

    Now, to say that patents aren't the way to reward someone that plants ten thousand apple trees is a perfectly valid argument. But it's hard to protect your intellectual property with just a contract... if you license someone to grow the 'big boy' apple, which you invented, and he sells it to seventy people, thus breaking his contract, you can sue him, but the seventy people not only can grow the apples legally but can resell the cuttings and you can't do anything about it. Unless, of course, you have a patent.

    Basically, it requires a lot of work, a lot of money, and a lot of luck to make a new apple variety, and without a patent it is hard to protect it when you're done. It differs from other patentable endeavors not a lot in this way.

    -fred

    --
    Sign #11 of Slashdot overdose: You see the phrase 'moderate Republican' and you wonder if that would be a +1 or a -1.
    1. Re:You clearly don't understand how apples work by geoffspear · · Score: 1

      If you think you can take an apple seed and pollinate it, you clearly don't know very much about the biology of fruit trees.

      --
      Don't blame me; I'm never given mod points.
  138. Late... by Grievre · · Score: 1

    Fark had this at least a day before you guys :)

  139. Too bad it's a late post by Anonymous Coward · · Score: 0

    This is the only post all day that I laughed out loud after reading it. My account is still to new to have Mod points.

  140. All your digits are belong to us by vuud · · Score: 2, Funny

    This is a fair warning. I have just received a patent for "small pointy things growing off the end of an arm". I have decided to call them fingers. The "fingers" were discovered in 1987 at a grateful dead concert. Granted they seemed a lot more significant that night, but that does not matter...

    In short, I now have the patent on these and if you are using them without my permission then you are in violation. My legal advisors Mr. Riaa and Mr. Sco have advised me that anyone sending typed correspondance must be using "fingers" and can be named on a mass supeana and sued.

    (that counts for mod'ng me down also)

  141. Nuke the Biotech Monopolists. Yes, I said it. by Mekkis · · Score: 2, Informative

    It ain't just Monsanto. Seminis Vegetable Seeds does R&D for Monsanto and other biotech firms. As much as we may really, really think it's wrong to patent life, the fact is money talks and Monsanto has plenty. Want to do something about it? Tough, if you live in the US: GE firms have a lobby almost as large as the pharmaceutical industry and any letter-writing campaign will be hopelessly adrift in the sea of cash surrounding this issue. The US administration and congress listen to campaign contributions, not to "luddite tree-huggers".
    As far as backbone, I have to give the EU credit. They stood up to blackmail by the US's bitching to the WTO about their ban on GM foods, and even though the WTO did levy sanctions, the EU gave both the US and the WTO the finger. Still, Seminis maintains GM R&D plants in Holland, France and Italy. Though they can't sell GM stuff there, there's nothing says they can't develop it.
    One other small note regarding Terminator Technology (C): Monsanto has said they're not using it, but they're testing it in Roundup Ready crops. Problem is these tests go unmonitored by the FDA, although GM watchdogs have shown that plants using TT genes can infect other plants downwind during pollen season, at worst rendering those plants' offspring sterile, or at least infecting them with copyrighted genetic sequences. Sounds like someone's trying to monopolize human food sources, or does that have a 'conspiracy theorist' ring to it? I guess we'll just have to take their word that they're not using TT genes...
    I can't say I'm surprised to see Micro$oft, with their army of rabid patent lawyers hop on the Genetic Engineering train. Who knows what's next?
    GOD BLESS AMERICA! Land of the Free Market and home of the Brave Investor.
    --Mekkis, self-admitted troll.

  142. Worms by Anonymous Coward · · Score: 0

    What happens when the Microsoft Apple gets a Virus, or worse, a worm??

  143. Tomorrow's patents by lone_knight · · Score: 1

    Microsoft's recent pending patent's have just been leaked:
    Water - because they thought up h2o first, damnit!
    Air - legally sold to the masses in convenient aluminum cans (i.e. Spaceballs)
    Those sticky plastic tabs on new CD's - because obviously, only a true bastard (like Microsoft) could think up shit like that!

    --
    Computers are useless. They can only give answers. --Pablo Picasso
  144. It' May, and Apple just stroke back... by ArsenneLupin · · Score: 1
    ... and patented windows which you can see through:

    Apple Files Patent for Translucent Windows