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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 ...

45 of 336 comments (clear)

  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 mattjb0010 · · Score: 5, Funny

      MS Air, the most breatheable air you can find arround

      That would be their next bold move.

    2. 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."

    3. 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!
    4. 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.

    5. 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.'"
  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 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?
    6. 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.
    7. 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.

    8. 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.

    9. 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
    10. 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]
    11. 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.

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

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

  4. 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 . . .

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

    Sun patents the Moon, news at 11...

  6. 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.
  7. So... by elid · · Score: 4, Funny

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

  8. 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 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."
  9. 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/
  10. 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...

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

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

  12. 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.
  13. 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
  14. 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
  15. 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

  16. Oh great. by mikeophile · · Score: 5, Funny

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

  17. 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?

  18. 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.
  19. 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 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.
  20. I used to have an example of prior art.... by azuroff · · Score: 5, Funny

    ...but then I got hungry.

  21. 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.

  22. 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.

  23. 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
  24. 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!

  25. assignation by crmartin · · Score: 4, Funny

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