USPTO Issues Provisional Storyline Patent

cheesedog writes "The USPTO will issue the first storyline patent in history today, with two others following in the next few months. Right to Create points out that this was anticipated several months ago in a story by Richard Stallman published in the The Guardian, UK. With the publication of this not-yet-granted patent, its author can begin requiring licensing fees for anyone whose activities might fall within its claims, including book authors, movie studies, television studios and broadcasters, etc. The claims appear to cover the literary elements of a story involving an ambitious high school student who applies for entrance to MIT and prays to remain sleeping until the acceptance letter comes, which doesn't happen for another 30 years."

Comments

Publish, not issue

[Aneurysm9]

Get it right. Even the article does. These are patent applications that are being published because of a recent statutory change requiring publication of all patent applications 18 months after filing. This has nothing to do with whether or not letters patent will be granted.

They haven't issued anything

[imthesponge]

U.S. Patent Office Publishes the First Patent Application to Claim a Fictional Storyline; Inventor Asserts Provisional Rights Against Hollywood

...

Will Knights claimed storyline pass the rigors of nonobviousness and issue as a U.S. Patent? ...

Reductio ad Absurdum

[ewhac]

...And here are the assholes who have been doing the legal legwork to make this possible. Here is their argument in law, which draws heavily on the flawed, idiotic precedents established with software patents.

The system is now officially broken, and anyone who takes the USPTO seriously after today is part of the problem.

Schwab

Re:Copy

[craXORjack]

So if I were to photocopy a page out of a textbook and give it to students would I be a) infringing the patent b) violating copyright c) both?

A textbook wouldn't have a storyline so the answer could not be (a) or (c). However, whether you are violating (b) depends on whether the page you photocopied was from a textbook printed on paper or an electronic book which displays text encoded digitally. In the first case, the old and established Fair Use Act covers this and no violation has occured. In the second case, the DMCA comes into play and you would be subject to penalties on par with those for second degree murder.