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Patent Databases Complicate Life For Inventors

karvind writes "New Scientists is running a story about how the move to electronic record-keeping is making it harder to check if a device has already been invented. From the article: '.. even though most online patent archives are incomplete, parts of the paper-based collections that preceded them are being destroyed.' We ran a story earlier on how to fix U.S. patents. Maybe I can patent the wheel again."

122 comments

  1. Re:Firspt Post by Anonymous Coward · · Score: 3, Funny

    Your first post violated 3 of my patents, prepare to get reamed.

  2. Patents... by nitinshantharam · · Score: 1

    We always have to talk about patents don't we? Someone will probably come up with an easy way to check patents...(easier..) Patents were a problem from the beginning.

    www.wikilessons.org - the online how-to (just starting, help us out)

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

      for(int i=0; i<patentcount; i++)
      {
      patentstatus[i] = 0; //0 = rejected, 1 = accepted, 2 = in progress
      }

    2. Re:Patents... by archevis · · Score: 5, Funny
      Yup, they'll come up with an easy method for checking patents.

      And then they'll patent it...

    3. Re:Patents... by HadesInjustice · · Score: 1

      I always wonder about that. Does the eletronic patending system has a patend for itself?

    4. Re:Patents... by Chris+Kamel · · Score: 1

      We always have to talk about patents don't we?
      We can talk about something else, as long as it's about google or some MS bashing. So don't complain about the lack of variety :P

      --
      The following statement is true
      The preceding statement is false
    5. Re:Patents... by Anonymous Coward · · Score: 0

      Does wikilessons have a lesson on how to get laid?

    6. Re:Patents... by Dorsai65 · · Score: 1

      Hey! I already patented that idea!

      --
      --- Asking inconvenient questions for over 30 years...
  3. Raises a simple question by Overly+Critical+Guy · · Score: 5, Insightful

    If the online databases are incomplete, why are the paper-based archives being destroyed? Mismanagement? The article doesn't get into the details, so I'm left to ponder the stupidity of it.

    --
    "Sufferin' succotash."
    1. Re:Raises a simple question by HadesInjustice · · Score: 2, Informative

      They are being destroy cuz it cost too much too keep them. (Atleast that's the story I heard) It cost money to keep the storing those records (room, maintaince, security to look after the record, etc.) and if there are too many records, they would have to expand the area to keep up.

    2. Re:Raises a simple question by masklinn · · Score: 2, Informative

      Because electronically hosted history is much easier to rewrite (see George Orwell's 1984, conservative biggots and current US govt for "Why should I rewrite history on a regular basis")

      --
      "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
    3. Re:Raises a simple question by ComaVN · · Score: 1

      Don't be absurd. We've always been at war with Iraq.

      --
      Be wary of any facts that confirm your opinion.
    4. Re:Raises a simple question by DavidTC · · Score: 1

      You mean Iran. We've never been at war with Iraq, Iraq is our friend.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    5. Re:Raises a simple question by johannesg · · Score: 1
      They are being destroy cuz it cost too much too keep them.

      Are we talking about the same patent office that makes money on every patent granted? Now suddenly that money is not enough to actually keep a f*cking record of that!?

      Look, we don't actually ask much of them. All they need to do now is sit there, rubberstamp incoming applications, and then keep track of them. Apparently even that is too much now.

      I guess this means part of the prior art is also lost, and we can go back to recycling old patents?

    6. Re:Raises a simple question by HadesInjustice · · Score: 1

      Well, the money that "pay" is only "paid" once, however, the money need to keep/preserve the record continue to grow. On the other hand, I think "old patend" as in those that are already expired for quite some time. Those patend still need to be preserve for later comparsion with the newly filed patend. Those expired patend cost lot more money, and its really hard to keep track of millions (maybe billions as some claim, but not sure) of patends, keep them safe, and all the stuff you need.

    7. Re:Raises a simple question by powerlord · · Score: 2, Insightful
      They are being destroy cuz it cost too much too keep them.


      Are we talking about the same patent office that makes money on every patent granted? Now suddenly that money is not enough to actually keep a f*cking record of that!?


      Yeah, because the Board of Directors (read Congress) decided that the patent office is a cost center, and that the money it generates could be much better put to use in something else. Kinda like Google deciding that it should invest most of its money in something rather than Search Engine technology, Hardware and Bandwidth, and suddenly deciding to throw away links older than a few years, because they were running out of Hard Drive space. Bright people to canabalize their core buisness, but with the Patent Office, one has no choice since they are a Monopoly.

      (Poor analogy but the best one I could come up with)
      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    8. Re:Raises a simple question by marcello_dl · · Score: 1

      Let's wear our tinfoil hats: paper-based archives are being destroyed, so many little inventors' work may disappear, while special care will be taken to salvage big clients' patent portfolios.

      More recent archives aren't a problem if big clients' older patents are generic enough.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    9. Re:Raises a simple question by Short+Circuit · · Score: 1

      I'd bet that the big clients keep their own archives. Not that those would be easily searchable by non-employees...

    10. Re:Raises a simple question by ConceptJunkie · · Score: 1

      Shut up and drink your Victory Gin.

      --
      You are in a maze of twisty little passages, all alike.
    11. Re:Raises a simple question by ikkonoishi · · Score: 1

      I hate to tell you this, but many of the things that George pointed out are core practices of the democrat leaders.

      Think the three-minute hate versus Al Gore's speeches about GWB.

      I'm not going to excuse the republican's various problems, but at least the lunatics aren't running the asylum. (See Howard "The Scream" Dean

    12. Re:Raises a simple question by PedanticSpellingTrol · · Score: 1

      I call an armed libertarian rebellion by 2010.

    13. Re:Raises a simple question by ikkonoishi · · Score: 1

      I don't really want a rebellion or revolution. I just want the government to be remade from the ground up.

      It probally won't happen though, because the people who benifit most from the government system we have now are the people who are in charge of it.

    14. Re:Raises a simple question by Anonymous Coward · · Score: 0

      How about the 3 hour daily hate program that Lush Bimbaugh puts on Monday through Friday.

    15. Re:Raises a simple question by Anonymous Coward · · Score: 0

      Iran, Iraq... it's all the same thing right? Blowing up ragheads. Man this desk job in a nuke silo in Nevada sucks. I'd rather be smokin a camel.

    16. Re:Raises a simple question by ecloud · · Score: 2, Insightful

      If the government were remade from the ground up, it would probably be much more socialistic and would not protect our basic freedoms as well as the current one does. IMO America is what it is primarily due to being a fresh young country without a lot of baggage, and because the founders had the joltingly uncluttered perspective of having themselves fought in the revolution, and remembered very well what they wanted to be free from. Nowadays the majority thinks that a good job and cheap gas and social security and health insurance are all basic rights.

      What we need is to somehow toss out the bureacracies, and pare the corpus of laws down to the essentials, the way they once were simple, without changing the fundamental structure; but that is not very easy.

    17. Re:Raises a simple question by mr_snarf · · Score: 1
      If the online databases are incomplete, why are the paper-based archives being destroyed? Mismanagement? The article doesn't get into the details, so I'm left to ponder the stupidity of it.
      Maybe its something similar to the last US elections, switching over to a computerised system just for the sake of it being computerised? Or rather, "hey, wouldn't it be far more efficient if we do it all on computers? Yeah, lets do that!" Then the people who made the decision move on and leave the small people to make it work.
      --
      printf("Goodbye cruel world!\b\b\b\b\b\b\b\b\b\b\b\b\b\b\b\b\b\b\b\b");
    18. Re:Raises a simple question by Anonymous Coward · · Score: 0

      What's a "patend"?

    19. Re:Raises a simple question by Anonymous Coward · · Score: 0

      "IMO America is what it is primarily due to being a fresh young country without a lot of baggage"

      Don't worry, we seem to be accumulating it these days at a prodigious rate.

    20. Re:Raises a simple question by Infinite+Entropy · · Score: 1

      Are you kidding?! You're seriously questioning the practicality of digitizeing many millions of documents stored in a cave somewhere? Done right it would really help. Although I do think its stupid to destroy the originals.

    21. Re:Raises a simple question by bergwitz · · Score: 1

      I hate to tell you this, but many of the things that George pointed out are core practices of the democrat leaders.

      So, since someone is critical of the current Republican government they are suddenly a Democrat? FYI there are other options available.

      The things Orwell pointed out in 1984 are extrapolations of what every government and politician do on a regular basis. The name of the government/party is unimportant.

      --
      Evolution is just a scientific theory. Creationism is not.
    22. Re:Raises a simple question by orasio · · Score: 1
      A good job, social security, and health insurance are all basic rights, according to most people in the world.

      The right for cheap gas seems to be exclusive for the US (In my country we have always paid 1 US dollar a liter, and it's rising now that the US dollar is cheaper).

      From the Universal Declaration of Human Rights (http://www.un.org/Overview/rights.html):
      -------- SOCIAL SECURITY ---------
      Article 22.

      Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

      -------- A JOB ---------
      Article 23.

      (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

      (2) Everyone, without any discrimination, has the right to equal pay for equal work.

      (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

      (4) Everyone has the right to form and to join trade unions for the protection of his interests.

      -------- A _GOOD_ JOB / HEALTH INSURANCE ---------
      Article 24.

      Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

      Article 25.

      (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

      (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
      Of course, if you are from the US, you can always ignore the UN. I believe it's worthless right now, too.
    23. Re:Raises a simple question by Demonspawn · · Score: 1

      Article 25.
      [...]
      (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

      Yes.. because as men we are little more than sperm donors to the entire reproductive process.

      Sorry, this makes my blood boil so much I can't think of anything constructive to say.

  4. Law Suit by HadesInjustice · · Score: 5, Funny

    Does this mean that there will be a lot more funny patent rights law suits I can read about??? I generally found them quite interesting and really funny. Also, does that mean I can try to patent the "eletronic patending system" by calling it the "patend facilitation device" ??? lol

    1. Re:Law Suit by Anonymous Coward · · Score: 0

      At least there's no prior art on "patends"....

    2. Re:Law Suit by xtraub · · Score: 1

      "patend facilitation device" You are on to something. I once mentioned the following "invention"to a friend: System and Method for the automatic generation of patents In a nutshell: System comprised of: 1) A computer 2) the USPTO (yes, the patent office is part of the system) Method: 1) Method to retrieve patents, publications etc. from electronic databases, the internet etc. 2) Computer algorithm to randomly generate junks of text from documents retrieved by 1) 3) Computer algorithm to randomly concatenate the junks from 2) 4) File results from 3) with the USPTO, which will filter for valid patents 5) Enjoy patents issued by USPTO

    3. Re:Law Suit by Anonymous Coward · · Score: 0
      At least there's no prior art on "patends"....

      There is now!

    4. Re:Law Suit by Tango42 · · Score: 1

      "Filter for valid patents"? Since when has the patent office had anything to do with validity? You give them the information, you give them money, they give you a patent. The information is optional. Of course, you wouldn't get anywhere... you'd have paid large amounts of money to get a large number of patents that virtually no-one is ever going to want to license or use without a license... I guess if only a few turn out to be useful you could get your money back, but it's quite a risk.

  5. Brilliant idea. by Teddy+Beartuzzi · · Score: 5, Insightful

    Maybe they should burn the Declaration of Independence while they're at it, after all, I saw a copy online somewhere.

    1. Re:Brilliant idea. by John+Seminal · · Score: 4, Insightful
      Maybe they should burn the Declaration of Independence while they're at it, after all, I saw a copy online somewhere.

      That is what I dislike, the idea of burning the original documents. Why not let some university house the original documents. There is a ton of cheap labor (students). I know my university was a federal depository, we had a whole floor on the library that was filled with federal court cases on paper, along with other legislation.

      --

      Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    2. Re:Brilliant idea. by Shazow · · Score: 1
      "Maybe they should burn the Declaration of Independence while they're at it..."
      For nostalgic purposes. :D

      I still have the five dollar bill I won from my grade 11 Electrical Engineering teacher because I managed to finish his midterm test in under 10 minutes and he didn't believe that I was going to get perfect on it.
      "I'm done"
      "No you're not"
      "Nono, I am"
      "You're not going to get perfect on it"
      "I am"
      "No you're not"
      "Wanna bet?"
      "Sure"

      Oh, good times. Although, to be fair, I did get 21/20 on it. Poor guy had to get 3 different teachers to remark it, incase I made a mistake somewhere.

      But yes, the five dollar bill sits comfortably between my cable modem and router, under a lot of dust.

      If they don't want the Declaration of Independence, I'll put it there too. I mean, it hasn't been obeyed for some time now, after all. :-)

      - shazow

      P.S.
      Can anyone tell I'm procrastinating from something School-related? >.>
    3. Re:Brilliant idea. by servoled · · Score: 2, Informative

      Not sure about other countries, but the USPTO has patent depository libraries scattered throughout the US. See here for details.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    4. Re:Brilliant idea. by magefile · · Score: 1

      Erm ... you aren't *supposed* to obey the Declaration of Independence; there's nothing in it to obey! It's the Constitution you're thinking of. The Declaration is simply a declaration of "we think the King is an asshole; therefore, we are no longer British citizens, and this is no longer British territory".

    5. Re:Brilliant idea. by AwaxSlashdot · · Score: 1

      No, DON'T burn it !!! There's a treasure map on the back !!!!!

      --
      Sig (appended to the end of comments you post, 120 chars)
    6. Re:Brilliant idea. by DJCF · · Score: 1

      Brilliant idea. (Score:5, Insightful)

      Maybe they should burn the Declaration of Independence while they're at it, after all, I saw a copy online somewhere.

      LMAO. Only on Slashdot would this be modded "insightfull". (Not down-grading the humour of this post, of course.)

    7. Re:Brilliant idea. by Anonymous Coward · · Score: 0

      We will make sure they charge you the extra taxes needed to maintain a warehouse full of old papers. :)

    8. Re:Brilliant idea. by Short+Circuit · · Score: 1

      The suggestion to burn the DoI wasn't modded insightful, it was the message implied by his sarcastic tone that was modded insightful.

      I don't often catch sarcasm in nonauditory mediums, but I did that time.

    9. Re:Brilliant idea. by Shazow · · Score: 1

      Right you are, my bad.

      What I mean is it serves no real purpose, except for historical reference.

    10. Re:Brilliant idea. by quarkscat · · Score: 1

      Patenting the wheel would be a most excellent
      idea, especially if done the Japanese way
      (by also patenting all conceivable potential
      uses for the patent). It is not as if the
      USPTO actually bothers with "prior art"
      anymore -- just have the cash on hand for
      patenting the wheel and all its possible
      applications.

      All of this business about destroying paper-
      based patents prior to their being digitized
      and put into their database(s) reminds me
      of the months of missing MSFT emails regarding
      a lawsuit they were involved in. This is not
      just stupid, it is criminally stupid. Who is
      the prime contractor for the USPTO, MSFT or
      perhaps EDS? WTF!

    11. Re:Brilliant idea. by belmolis · · Score: 1

      Where on earth did you go to high school? Electrical Engineering in grade 11? Lots of high schools have electronics, but I've never heard of a high school electrical engineering course.

    12. Re:Brilliant idea. by Anonymous Coward · · Score: 0

      How does cheap labour make it easy to store paper documents? Google it. Paper storage requires environmental control, not workers. That's why it's so expensive even in the South USA near Mexico.

    13. Re:Brilliant idea. by Shazow · · Score: 1

      That's just what they called it, it was really just how different gates work, and assorted breadboard fun. "Make a counter with LED output, yay!"

      Wasn't very detailed, basically just allowed us to experiment.

      I'm taking a second year computer science university course now and we're basically doing the same thing, but with a bit more theory behind it (just a bit). And more types of circuits.

      I went to a public highschool in Ontario, Port Credit.

      - shazow

  6. I am worried by John+Seminal · · Score: 3, Insightful
    This move from paper to computer records is troubling for me. I don't think I would be as worried if they also kept a paper record as well, but moving everything to a database could mean big trouble. Large companies, with IT budgets in the millions of dollars range have had computer problems, lost data, and have had hackers gain access to restricted areas. Paper offers more security. Unless someone can burn the documents, something will exsist. With a database, all you have is a computer record. Call me old fashioned, but I want important records on paper.

    It is like a library. If one day we decide to move all our books to electronic formats, who is to say a tyrant one day can't remove or change items, slowly, so that nobody notices. Maybe I am 1984-ish paranoid, but I want it on paper.

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    1. Re:I am worried by Frankie70 · · Score: 1


      If one day we decide to move all our books to electronic formats, who is to say a tyrant one day can't remove or change items, slowly, so that nobody notices. Maybe I am 1984-ish paranoid, but I want it on paper.


      And paper cannot be changed??

    2. Re:I am worried by HadesInjustice · · Score: 1

      My friend, you are not alone in this paranoid. I don't exactly trust turning a hard copy book into a bunch of 1s and 0s, either, but that appear to be the trend of the world.

    3. Re:I am worried by John+Seminal · · Score: 4, Insightful
      And paper cannot be changed??

      It would be much harder to change a paper record. First, you would have to get inside the building it is housed in. Second, with some of the older documents, you would have to match the type face. And you would have to match the ink. And you would have to make it look like it aged right. And there are finger prints on the original documents. There are more ways to verify that a paper document is an original than a computer record.

      --

      Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    4. Re:I am worried by bigpat · · Score: 2

      "Large companies, with IT budgets in the millions of dollars range have had computer problems, lost data, and have had hackers gain access to restricted areas."

      Yes, but if it the government we are talking about, then it is very likely that the databases will be redundant and spread across several states and subcontractors. And forget millions of dollars, it will be billions of dollars before their done. Oh and by the time it is all finished it will be obsolete and we'll still use it for 30 years. Oh and regular folks won't be able to access it except through a terrible user interface that makes it impossible to search even though it would be easy to make it more usable, so that commercial companies will have to step in and provide "value added" services at additional cost. Then calls to make it more usable will be met with calls by congress not to interfere in the free market, ie compete with an artificial industry that the government created in the first place. Oh and then through a round of cost cutting it will be decided that having redundant and incompatible databases is a waste of resources...
      Only then will the concern you raise be valid about putting all your eggs in one electronic basket. But I'd give it about 10 years, and a billion dollars or so.

    5. Re:I am worried by HiThere · · Score: 1

      The real problem is not digitization, but centralization. If all of the records are under the control of one source, then that source can alter the records. (It's more difficult with paper, but not impossible...especially if you can control who has access..."That document's too fragile and important. We can't let just anybody touch it! We keep it in a sealed nitrogen atmosphere case." Admittedly, it's much easier to change digital records. But what makes it possible is having the documents under the control of one individual (or group).

      If all copies of the Declaration of Independence were under the control of the US Govt. do you suppose that it wouldn't have been altered at some point between the time it was written and now? But they've never been sufficiently centralized. (At least not unless a lot more history than just the Declaration has been re-written! This speculation veers in the direction of Solipsism...impossible to disprove, but not a useful belief.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:I am worried by Anonymous Coward · · Score: 0

      It is like a library. If one day we decide to move all our books to electronic formats, who is to say a tyrant one day can't remove or change items, slowly, so that nobody notices. Maybe I am 1984-ish paranoid, but I want it on paper.

      I guess there's a valid concern there, but there _are_ solutions to this. I personally think everything should be digital. Fuck paper.

      If the digital data is managed just as books are now at libraries there's nothing to worry about. Libraries can make their own backups. They can also validate/check any updates. In fact they can keep a perfect record of any changes and when they happened. This is actually an improvement over paper. Now if they get a new print they don't know what the changes are.

      The total loss issue is NOT a valid concern. Libraries burn down too, and they may have had stuff that simply can't be replaced. Certainly can't be restored from the off-site backup (or the one from the next town's libary).

    7. Re:I am worried by mOdQuArK! · · Score: 1

      Just sounds like a complicated way of making a difficult-to-defeat authentication.

      There's lots of clever crypto guys who should be able to come up with something for digital data that is as tough to defeat.

    8. Re:I am worried by radu124 · · Score: 2, Interesting

      public key signature works at least as good

      imagine you sign some documents and then you make sure you loose the private key for good, the documents can still be checked using the public key, but nobody will be able to duplicate the signature on another document. Keys can be changed each few months.

      I don't trust paper more than algorithms. Although you never know when they manage to break rsa. But that would be a global disaster and maybe patents will be the least concern.

      Also note that you can store disks in a secure area, and also make radioactive marks on them so as to determine their age. Solutions can always be found, and maybe someone is getting some funding exactly for that.

    9. Re:I am worried by Retric · · Score: 1

      Hmm, so who would keep the private key's?

      So, now all I need to update a 15year old file is to bribe one of the record keepers and I can update as much as I want and nobody can find out. The advantage to paper is it's a easer to find out if it's been messed and it's both difficult and expensive to make a good fake. I have no problem with adding layers to security but saying using paper is worthless / not needed is a little silly.

    10. Re:I am worried by radu124 · · Score: 1

      the point was: loose the private keys every few months, and by loose I don't mean misplace them, i mean make sure they are gone for good. This way nobody will ever be able to fake an older record (unless the crypto algorithm is flawed). As for the records that are only a few months old, you can keep copies on paper if you like.

    11. Re:I am worried by Retric · · Score: 1

      loose the private keys every few months... i mean make sure they are gone for good How?

      Ok yea I understand the idea, but my point was the people administering the system are the most likely people to try to break into your system. One of the most basic tenents of security is the idea that once a person leaves they should be unable to break back in, but with your system anyone about to be fired could just keep a copy of any key or key's and there would be no way to stop them. (You could make it hard but you need to keep the key around in some form so that you can keep using it and if it's somewhere then people can find what it is.)

      You would also need to build a cryto system that can take an atackes using hardware and software that's built 20 years from now. So atleast 10,000, ~2^(20*12/18) times faster if not 1,000,000,000,000, ~2^(20*2), times faster.

      PS: Some things like GPU's got 2x as fast every 6 months, by combining better hardware with better hardware design. So some hardware based cracking system might keep geting faster at that rate.

    12. Re:I am worried by nerdlyone · · Score: 1
      I don't think I would be as worried if they also kept a paper record as well,

      Paper can be destroyed too, arguably more easily than an electronic file. There was a big fire at the patent office sometime in the 1800s, and many thousand patents were lost. I am not sure paper offers more security. I would prefer a redundant system, as you seem to, but storage is apparently a big part of the problem. It is not cheap to archive literally millions of documents. But digital storage is rather cheap, by comparison.

  7. May be by Anonymous Coward · · Score: 5, Funny

    "May be I can patent the wheel again."

    May be you can al so pa tent inno vative spell ing meth od, who knows?

    1. Re:May be by anynameleft · · Score: 1

      I would think that you would have difficulties doing that, as there exists enough prior art(*). But then, nowadays it seems to be less a problem than it used to be.

      (*) Misspellings like "allein stehend" and "informatie balie", which you can probably see often enough in Europe, are as wrong as when you write "black bird" when you mean a blackbird.

    2. Re:May be by Anonymous Coward · · Score: 0

      No, the thing to do is get a patent on breathing.

    3. Re:May be by rescendent · · Score: 1

      In the article it does point out some in austriala patented the wheel in c. 2000 !

      He was trying to point out how bad the patent sytem is...

      Seems like he suceeded!

  8. Some not-so-big drops by Mateo_LeFou · · Score: 1

    "Unless the authorities plug these gaps, the patenting process will descend into farce." "given the ongoing problems with lack of searches for non-patent prior art, this will contribute to a further drop in quality of granted patents" geez. Can't wait until we're yearning for the good ole days of the 2004-2005 patent season.

    --
    My turnips listen for the soft cry of your love
    1. Re:Some not-so-big drops by HiThere · · Score: 2, Insightful

      It can't descend into a farce, it's already there. I suppose it could get worse, but I don't have a name for it. Grummet, perhaps, or SNAFU. Unfortunately those have the wrong connotation, of everything grinding to a halt, where in the case of the patent office it just allows ANYTHING to get patented. Including duplicates. It's already pretty close, though, and this is merely another minor turn. (Standard patent language is sufficiently obscure that there have already been duplicate patents issued on the same invention described differently. Perhaps this will become common. [I wonder, will the holders be forced to pay each other royalties?])

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Some not-so-big drops by Yartrebo · · Score: 1

      Yes, when there are several patents on a single invention, the patent holders need permission from the other patent holders. This can result in noone being allowed to use the invention.

    3. Re:Some not-so-big drops by ikkonoishi · · Score: 1

      Not a SNAFU.

      Its a Charlie Foxtrot

  9. Online patent databases by Steve1952 · · Score: 2, Informative

    Online databases also make it much easier to find prior art. These days, patent examiners search worldwide patent databases, and also use Google. (I have filed patents, and have had prior-art cited against me that could only have been found by a Google search). So electronic databases usually make things better. Silly things still get through, of course, but imagine how much crap would get through without these massive patent databases.

    1. Re:Online patent databases by John+Seminal · · Score: 1
      Online databases also make it much easier to find prior art.

      Then keep the search tool. No reason to move the paper records to databases. I would think it a great idea to have a database that points to paper records. But destroying paper records and using a database to replace them is dangerous.

      --

      Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    2. Re:Online patent databases by Anonymous Coward · · Score: 0
      (I have filed patents, and have had prior-art cited against me that could only have been found by a Google search).

      Wow. You are officially Part of the Problem.

    3. Re:Online patent databases by Dogtanian · · Score: 1

      >>(I have filed patents, and have had prior-art cited against me that
      >> could only have been found by a Google search).

      > Wow. You are officially Part of the Problem.

      Not necessarily. If it wasn't something blatantly obvious, it's quite possible it could have been missed.

      OTOH, it could be argued that anyone knowledgeable enough to figure out that it could only have been spotted via Google, would have been smart enough to Google it for themselves before applying, and was thus chancing their luck anyway.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    4. Re:Online patent databases by ikkonoishi · · Score: 1

      Paper attracts insects, is inflammable, and is difficult and costly to maintain.

      Also paper requires more effort to locate any specific record.

  10. So what happens by Anonymous Coward · · Score: 5, Insightful


    if a massive sun ejection of magnetic field bathed the earth with a high magnetic dose, we would be ok but would we lose all of mankinds knowledge ?
    digital data storage so far has proved itself to be unreliable (cd rot,hard drives failing after 1-3yr etc etc)
    yet we want to depend even more on it ?
    you have to laugh at the stupidity and short sightedness of humans at times, can you imagine if Da Vinci or Einstein or even the Wright brothers had encrypted their stuff with 4096bit 1 time pad or quantum encryption

    or do we always have to put our hands in the fire to find out its hot ?

    1. Re:So what happens by Anonymous Coward · · Score: 0
      you have to laugh at the stupidity and short sightedness of humans at times, can you imagine if Da Vinci or Einstein or even the Wright brothers had encrypted their stuff with 4096bit 1 time pad or quantum encryption

      Your porn collection isn't comparable to Da Vinci or Einstein.

    2. Re:So what happens by Anonymous Coward · · Score: 0

      do we always have to put our hands in the fire to find out its hot

      Any scientist would say, yes, we do.

    3. Re:So what happens by radu124 · · Score: 1

      Not so, what about optical storage. I've heard a few years ago about some guys making optical disks of glass instead of plastic, and even without a metal layer inside (just with air bubbles or something like that) - i think they were called eon, or aeon but a search revealed nothing. I think glass holds for 100k years+, which is a little more than paper

  11. We should just burn them all and by A+beautiful+mind · · Score: 4, Interesting

    erase the online storage

    Those patent which have some idea can prove with a device, or physical object that they do, those who cannot provide such thing shouldn't be there in the first place.

    I wish it would be this easy...

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
    1. Re:We should just burn them all and by HadesInjustice · · Score: 1

      What is someone has a great idea on how to build a perpetual machine, but he/she doesn't have the money to construct it. Some other guy/girl came along and build it, and all the credit would go to the one that build it instead of the one that design the machine.

    2. Re:We should just burn them all and by A+beautiful+mind · · Score: 1

      Well, i mostly ment the GP post as mockery and sarcasm, for most part.

      Replying to your post though, it works like this atm. Patenting something is expensive for the common human being.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    3. Re:We should just burn them all and by ThisIsFred · · Score: 1

      Some other guy/girl came along and build it, and all the credit would go to the one that build it instead of the one that design the machine.

      Ha ha. Like that isn't happening now, even with the records in place.

      --
      Fred

      "A fool and his freedom are soon parted"
      -RMS
  12. eBay old Patent Paperwork... by rewinn · · Score: 2, Interesting

    If the issue is money, why aren't we eBaying old patent paperwork instead of pulping it?

    If the International Star Registry can get $49.99 for "Naming A Star" ... how very likely is it that the Patent Office could get as much that for GENUINE old patent paper? Surely some of the more interesting patents would get big bucks and/or donated to museums.

    While this is not as good as professional preservation of historical documents, since preservation is not in the cards, at least eBaying would preserve most of the originals, admittedly in a hap-hazard fashion.

  13. Computerized database storage means... by OwenMarshall · · Score: 5, Funny
    ... some read/write medium that can be accessed many times.

    Hard disks. Lots of hard disks.

    Want to solve the patent problem right away? Everyone converge on the Patent and Trademark office. Bring magnets.

    Big magnets.

    1. Re:Computerized database storage means... by magefile · · Score: 1

      "It's like a bomb, see, but without tha bomb ... normally, this wouldn't matter, see, 'cuz you've got nothing left to power."

  14. New Scientists? by matt+me · · Score: 4, Funny
    Are we referring to the popular science and technology weekly, New Scientist, or to a collective of magazines - the New Einstein, the New Newton and the New Bohr?

    Surely no-one here on Slashes' Dot would make such a mistake.

    1. Re:New Scientists? by SA+Stevens · · Score: 1

      I think they're referring to the stridently politically left journal you mentioned first.

    2. Re:New Scientists? by A+beautiful+mind · · Score: 1

      There is no New Hess,Mayer or Helmholtz though.

      (If you don't know already, google for these people and you'll understand.)

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
  15. As if. . . by Anonymous Coward · · Score: 0

    as if inventors spent most of their time looking at patents.
    Patents are legal documents that are intentionally obfuscated and are a lousy source of primary research.
    This is like saying that artists lives are being complicated by the digitization of auction results at Christies. I'm not sure you would honestly call the people concerned with that data artists.
    Likewise for inventors.
    I look at patents regularly so I'm not saying they're totally useless, but they're damn close in most cases because the whole art of drafting a patent is to stay as ambiguous as possible and reveal as little about your "invention" as you can. That's a fact that just gets worse year after year.
    Patents are about marketing. Almost all basic research is done in universities. Corporations have shit to do with basic research and that, by definition, is where real invention takes place.

    1. Re:As if. . . by nerdlyone · · Score: 1
      Patents are legal documents that are intentionally obfuscated ... the whole art of drafting a patent is to stay as ambiguous as possible and reveal as little about your "invention" as you can...

      I disagree. Isn't one of the requirements of a patent to disclose the invention to the public? I think they even have to disclose "best mode", or the best way to practice the invention. Patents are hard to read, but they can't hide the ball as you suggest. If the Examiner can't figure out what the invention is, he rejects it. If he can figure it out, and if Examiner's are as stupid as most people here on /. say they are, then us genius techies should be able to read and understand too.

      Corporations have shit to do with basic research and that, by definition, is where real invention takes place.

      I don't want basic research patented! I only want the gizmos and minor improvements patented, so everyone can use and benefit from the basic research. It is a good thing that fundamental discoveries are not patented as often as trivial improvements.

  16. Uh oh... by civman2 · · Score: 2, Funny

    I think is is in violation of a patent I filed regarding "An electronic method to store and search documents detailing grants made by a government that confer upon the creators of inventions the sole right to make, use, and sell those inventions for a set period of time"

  17. Cryptographic signatures make verification easy by xtal · · Score: 1

    It is like a library. If one day we decide to move all our books to electronic formats, who is to say a tyrant one day can't remove or change items, slowly, so that nobody notices. Maybe I am 1984-ish paranoid, but I want it on paper.

    The easy solution to the problem, of course, is a secure crypto signature. If you want to verify, compare signatures with the authors copy, or maintain many registries outside of central control.

    --
    ..don't panic
    1. Re:Cryptographic signatures make verification easy by HiThere · · Score: 1

      Well, if the record of the signature is electronic too, then that just means you need to change a bit more... or are you proposing that a record of the old signature kept by someone non-official would be considered worth anything...it's easy to just whip up 128 random bytes, and then claim that the current version doesn't match.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  18. Heh! by Eric(b0mb)Dennis · · Score: 3, Insightful

    Considering some of the patents they let through, if I was an inventor the moment I came up with any idea remotely good I would patent it immediately and see what happens..

    Think they'll actually read it/research it back?

    Remember guys.. 1-click shopping... i patented 'a method for the self-induction of pleasure' and am about to make bank..

    --
    Excuse me, I don't mean to impose, but I am the ocean
  19. Delphion by tezza · · Score: 2, Insightful
    I've used Delpion now for a while. It replaced IBM's Patent search I believe.

    It is good.

    There is a function where you can collect lists of patents, and do Set Unions, Intersections, Subtractions and the like.
    My latest patent application is in the fields of crowd control, crowd safety. That was 3000 items that matched those terms. I could go through and sort out the misses.
    You could have a little thumbnail, as this was invaluable, as you can tell from the diagram often that it is a dissimilar device, or that the patent referrs to some way of joining/constructing such a thing.

    Web based Delphion is not perfect though. Nor any large web list checking application without powerful list management functions.

    I would dearly have liked a capability to colour the table cells that you had visited. Viewing 25 by 25 of the resultset was too confusing. But if you chose to display 500 at a time, then you tend to also loose track.

    But now salvation is at hand. Using Firefox, Greasemonkey and some hand written tailored javascript allows me to do exactly this.

    I meant to add as well, if the lifetime of a patent is 25 years tops, surely they only really have to be kept for that long? Then prior art and commercialised products could cover the basis for it having been in the Public Domain previously.

    --
    [% slash_sig_val.text %]
  20. Way to misplace blame.. by Anonymous Coward · · Score: 0

    The online databases aren't causing any problems whatsoever. The problem is the idiots who are destroying records before they've been added to the online databases.

  21. I welcome this by houghi · · Score: 4, Funny

    Patent, what patent? The computer tells us that you don't have a patent. I even think your company does not exist anywhere in the patent office, could you please tell me your companyname?
    "Microsoft"

    Clicke-ty-click. Nope, sorry, not one patent.

    Remember, some geek has to maintain that database, all we need is to get a BOFH in there.

    --
    Don't fight for your country, if your country does not fight for you.
  22. cuneiform records by Anonymous Coward · · Score: 0

    Cuneiform records are not all the records of the sumerian civilization. Just the remains of the records they made before they went digital.

  23. paper-based makes inventors happy? by RedLaggedTeut · · Score: 1

    So, by negating the terms in the sentence, may I conclude that paper-based collections of patents make life easy for inventors then?

    --
    I'm still trying to figure out what people mean by 'social skills' here.
  24. The problem with patents by CastrTroy · · Score: 3, Insightful

    The problem with patents is that it's impossible to know if you are violating one. With paper copies, it's impossible to look through them all to make sure your technology is not patent infringing. Even electronic means which are much easier to search cannot garauntee that you are not infringing. What really makes me mad, is when companies sue other companies for violating patents, years after they have come out with a product. They really should have a limited time to sue a company. This way they can't be choosy, by only choosing products they can get lots of money from.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    1. Re:The problem with patents by Anonymous Coward · · Score: 0

      "With paper copies, it's impossible to look through them all to make sure your technology is not patent infringing. Even electronic means which are much easier to search cannot garauntee that you are not infringing."

      Yet you expect the poor patent examiner to look through every single the prior application and google everything to find every single piece of prior art?

    2. Re:The problem with patents by CastrTroy · · Score: 1

      Don't like to respond to anonymous cowards but here it goes. The patent examiner should be well versed in the area of technology in which the patent applies. I don't expect that they be able to be able to identify any prior art, but they should be pretty good about it. When the average slashdotter can look at a bogus patent and point out obvious prior art from 15 years ago, it makes me wonder if the patent examiners even bother looking.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  25. Question: How do they date what they find by kanweg · · Score: 1

    Interesting, but:
    How do they know the date of what they find?
    How do they know some part of the page hasn't be supplemented later?

    If that date doesn't precede yours, the publication shouldn't be detrimental.

    Bert

    1. Re:Question: How do they date what they find by Anonymous Coward · · Score: 0

      Unless you are posting code, please stop using a monospaced font. It's annoying.

    2. Re:Question: How do they date what they find by Anonymous Coward · · Score: 0

      Websites like archive.org help in this situation.

  26. Re:Firspt Post by Anonymous Coward · · Score: 0

    That's "fhqwhgads". Say it with a flourish!

  27. Open Letter to all patent lawyers by Anonymous Coward · · Score: 0
    To: All pro-software patent lawyers inc. Carl Oppedahl

    Dear Patent Lawyer,

    Could you please explain why you think that extending the patent system to cover software is not harmful both to society and to freedom of expression given the case of an open-source software developer who, as a result of
    • working unpaid on his/her project as a hobby
    • giving his/her inventions away freely for the benefit of society ,
    • i.e. without any project income,
    • without any corporate project sponsor to pay legal fees,
    • without sufficient personal savings or income to pay for even a brief consultation with a "cheap" patent lawyer, and
    • without a patent lawyer prepared to work pro bono,

    is threatened with a patent lawsuit by a corporation demanding he/she removes the allegedly infringing software from the project's website, leaving the impoverished developer with no real choice but to comply with the demand and close the project?

    One recent unresolved case, which is not unique, is that of the German mathematician and open-source software developer Helmut Dersch who had no financial choice but to remove his software from his project website. He had no money to pay for a patent application at the time of his own inventions, which pre-date the patent application of the IPX company , to to pay for a lawyer to challenge the company which threatened him with the prospect of a lawsuit.

    Here [ffii.org] is a summary of the case history.

    I hope you will take the time to reply at moderate length for the sake of explaining to the open-source developer comm unity why software patents are not a threat to completely unfunded open-source projects.

    Thank you for reading this. If you are a patent lawyer, please mention that fact in your reply here.

    Last posted here [slashdot.org] without a reply from any patent lawyers reading slashdot.

    Please copy and re-post this message in all available forums until at least one patent lawyer has the courtesy to write a thorough reply.

    1. Re:Open Letter to all patent lawyers by Anonymous Coward · · Score: 0

      To: Anonymous Coward.

      There is only one answer to your question.

      Money.

      End of discussion.

  28. Microfilm . . .and by Anonymous Coward · · Score: 0

    Many paper docs are destroyed after being placed on microfilm. How safe is microfilm ?. Rag paper last about 300 years, I do not believe the USTPO requires rag paper. The problem of aged condition and ink fading, many US founding documents have had to be restored because of ink fading and poor condition. The time of the digital *microfilm* is here, as we see with movies and music on CD and DVD. Many Gov and corporations make use of the digital media over paper for backup and inter-distribution of information. The USTPO would be fools to allow any mix up as lost proof, how do the corporations and other patent owners feel about having their proof destroyed. Its not really going to happen, that such information is going to be burned and lost. without it, the patent owners will have a war with each other, and all of them with the USTPO if any patent information is lost. Records are important, and public documents are the law. Please let us not go FUD on this.

    1. Re:Microfilm . . .and by some+guy+I+know · · Score: 2, Insightful
      how do the corporations and other patent owners feel about having their proof destroyed.
      What's even more important, from the standpoint of the rest of us, is proof that various patents have expired.
      Without such proof, what is to prevent a person or corporation from trying to patent something that has been patented long in the past?
      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  29. hey... by torrents · · Score: 1

    does the uspto have a patent on issuing patents??? this patent business could be big... better patent this!!!!!111!!

    --
    Get your torrents...
  30. It's impossible to check by Anonymous Coward · · Score: 0

    for violations in electronic copies too. The patent is written for patent lawyers by patent lawyers. Now you don't have any actual product to look at and say "Ah, THAT'S what they meant", it is all guesswork.

  31. Re:OP:Microfilm . . .and by Anonymous Coward · · Score: 0

    Without such proof, what is to prevent a person or corporation from trying to patent something that has been patented long in the past?

    They cannot destroy the past, history does not just live on paper at the USTPO ?. If something is past its patent time limit, and even though its on paper yet at the USTPO, could not someone find it and re-patent it anyway ?, the answer is yes.

    The story is then, having it on paper is not protection alone. The process by which new ideas become new patents, is that old patented ideas are free to use again. Without such a process, *we* all would be using gas lights today.

    Its two sides of the same coin; if old patented ideas become GPL projects, or, they become new patents, one side wins the other is out in the cold, it just depends what side of the coin you are on.

  32. Howard Dean's scream: Democrats vs. Democrats by hkmwbz · · Score: 1
    "I'm not going to excuse the republican's various problems, but at least the lunatics aren't running the asylum. (See Howard "The Scream" Dean"
    Yeah, the scream. He was screaming because he was talking to a cheering crowd in a huge room, not to the TV cameras. Dean's problem wasn't that he was mad. It was that he didn't have "camera training". He didn't realize that his shouting would sould stupid on TV since the cameras didn't catch the enormous crown before him or the sound it was making. He learned his lesson the hard way, but he wasn't mad.

    Of course, Dean's Democrat opponents used the scream for all it was worth, taking it out of context, etc. etc. etc. Similar to the tacticts GwB used against Kerry. So both Dems and Reps are assholes who will do anything to win.

    --
    Clever signature text goes here.
  33. Actually, the American government is old. by Anonymous Coward · · Score: 0

    When people say America has a young history it doesn't mean that the American government is young or fresh compared to other nations. As a matter of fact, the US government is rather old by modern international standards. So, the assumption that there is little baggage in the US is really far from the case.
    American culture seems quite young compared to many other countries, but you can't assume that same is true about the government. Globally, it is fairly rare for a continuous form of government to last over two hundred years. And the reason is that much baggage is accumulated in that time.
    Compare the US's 200+ years to that of Russia which had its last major revolution in 1919. China's government is much younger as is that of India. even France. If you know anything about European history you'll also understand that Germany is also a relatively recent invention.

  34. Maybe that's what happened eons ago! by Anonymous Coward · · Score: 0

    Ancient civilizations have boasted technological advancements way ahead of current times. Sciptures talk of vayuyan (airplane) and brahmastra (universal weapon, akin to nuclear weapon). Maybe we had all this and the knowledge was wiped due to something similar to an electromagnetic wave wiping out the patent office ...

    Hmmm I should stop drinking KoolAid!

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