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Friendster Patents Social Networking
Pontifex maximus writes "Friendster has said that as of this week, it has a patent covering online social networks. It applied for the patent before the company's downward spiral and recent growth." From the article: "'It's way too early to say' whether the company would pursue licenses and litigation from its competitors, Friendster President Kent Lindstrom told RedHerring.com. 'We'll do what we can to protect our intellectual property.' Though the Friendster patent could be challenged in either the patent system or the courts, opponents would face an uphill battle. 'Once the patent is issued there is a presumption of validity that follows with it,' said attorney Bill Heinze of Thomas, Kayden, Horstemeyer & Risley."
Before we talk and bitch about this company and how obvious it is, this is just another example to show broken the system is - this company is simply taking advantage of it.
Bureacracies always reach out and try to take more power - once patents simply protected implementations - now the patent office is reaching out to get a stranglehold on stuff like "business methods" and algorithms (math) and essentially ideas - many of them common sense to the problem being solved.
Patents are for society, not the individual. It's supposed to push progress forward by opening non-obvious ideas for everyone for a limited time. Not MONOPOLIZE obvious ideas for the benefit of one person against the rest of society.
To fix patents, we don't need more patent clerks (federal employees), we need to:
1. Go back to old way patents were done - which includes working implementation upon application. Thus ideas become unpatentable. Same with business methods. It will also render 90% all the unreadable legalese to obscure what you are patenting obsolete.
2. Punish non-English application. No, I don't mean application in a foreign language, just the ones that read like they are. Plain english is a must. Jail time in Gitmo otherwise.
3. Raise price to apply for patent to $5,000-50,000 depending on whether it is an individual, small company or large corporation (refundable only on recieving a patent) - while it may seem to screw the "little guy" it actually will kill corporations trying to patent every little thing. Even a little operation will be able to afford to patent 1 WORTHWHILE application, but will corporate America still be able to afford to apply for 10's of thousands of trivial patents?
4. Part of application fee (say 1/2) will go as a bounty to anybody who can disprove it - in other words show prior art, etcetera. This could be anybody - college students, professors, employees of another company. This will also lower amount of patents applied and speed up patenting time.
Why hire clueless clerks when you could flocks of knowleable people examining patents because of a profit motive to turn them down? They won't have the power to deny a patent, they bring the case against it.
5. No renewable patents. Lower patent length from 17 years to 9-10 years or so. Back in the 1700's, business and the pace of life overall was slower, let's reflect that.
From the article: the patent is issued there is a presumption of validity that follows with it
I like the fact that he used the word "presumption," because the fallacy of "post hoc ergo propter hoc" qualifies as a fallacy of presumption.
The patent review process is broken. Searches for prior art and other such safeguards are not being enforced. The processes that would make a presumption of validity have any weight are not being followed.
In fact, a presumption of invalidity would actually be more warranted, given current patent processes.
This is bad.