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Microsoft Copies Idea, Admits It, Then Patents It
An anonymous reader writes "BlueJ is a popular academic IDE which lets students have a visual programming interface. Microsoft copied the design in their 'Object Test Bench' feature in Visual Studio 2005 and even admitted it. Now, a patent application has come to light which patents the very same feature, blatantly ignoring prior art."
Only problem is that the USPTO cant know *everything*. So things will slip thru by nature.
The real test is you present valid prior art to them, and see if they revoke it on the spot.
---- Booth was a patriot ----
This kind of patent abuse should be remedied with action against the abuser. At the very least the patent attorneys should be barred from filing or working on patents for a period of at least 10% of the duration of the patents they are abusing. And the filer (eg. Microsoft), if guilty of conspiracy to abuse (provable by repeated offenses) should be barred from filing or working on patents for a similar period.
That kind of consequences would force the filers to carry most of the responsibility for researching prior art and other patent invalidators, rather than the incompetent/overloaded PTO. And weed out many of the crooked patent lawyers who make money regardless of how badly they construct the artificial government monopolies they attempt to create.
--
make install -not war
Exactly. Patents are like hands in poker.
A patent means nothing until it has been defended in court.
On the other hand, a patent award gives one a warm feeling and looks great on a CV.
Open Source Drum Kit, LPLC deve board - mjhdesigns.com
How much searching ought you to do for a patent? If your country signed up to the international patent agreements, then for your patent to be valid, there must be no published or sold prior art anywhere in the world or in any language. This is an impossible search, so the assumption is always that any prior art search is incomplete. If all patent applications are incomplete, then some people may wonder why we start at all. You could just do a cursory search of the current online patents, and allow the application. Microsoft have lobbied for a more open system where patent application becomes easier, and the public community does more of the searching. Unfortunately, patent applications have titles, summaries, and patent indexes that make them easy to search, while products are not searchable in the same way. If you searched for prior art on the Microsoft product, then you would be very unlikely to discover BlueJ.
I do not think the public should be required to support the prior art searh effort, but if they are going to be enlisted, then they ought to have the right tools. What I would like to see is some searchable index of prior art or prior ideas. This could be classified the same way as patents. For my particular field of image colour transforms, I would list all the different ways in which would could generate and combine and apply different forms of colour transform, invert them, apply them, with all the different variations we could think of. Other people could generalize this list, or add more specific implementations, as a patent can cover a simplification as well as a refinement. We would include references to prior art where examples could be found. This would not stop existing patent applications for stuff we know has been around for ages, but it could frustrate all future attempts.
As a software writer and a filer of patents, I think we would be better off with no software patents. If we have to have them, let's make them good ones before they bring the whole patent system into disrepute.
Except in the legal sense, Microsoft is not a single entity. It is a collection of people who does not always know what each other do.
The story seems to go like this:
BlueJ becomes popular in academia. When Microsoft ask people in academia which new features they would like to see in Visual Studio, naturally they suggest some of the features that makes BlueJ popular.
Now some people from Microsoft gets assigned to implement this new feature, and for extra credit also write a patent application (or submit the idea to the people who write the patent application).
Later, another person from another subdivision, who happen to be an active blogger, get wind of the BlueJ people are angry that Visual Studio has a new feature copied from BlueJ without acknowledgment. So the blogger find out that it was most likely BlueJ that inspired the academicians to suggest the feature, and acknowledge the fact.
And now, because people think of Microsoft as a single entity, they are angry because Microsoft both patent the idea, and at the same time acknowledge where it came from.
I see a website which takes and publicly sums donations from people using Paypal, to collect money to combat bad patents. The sie could allow people to vote on which dodgy patents the money will go towards combatting.
I should so patent that idea.
There is no obligation (certainly not in the U.S.) to search for prior art before filing a patent. Maybe "is" is a typo and you meant "should be." It WOULD be a reform to require people to do a pre-filing search and report the results. There is a new program right now where you are required to perform and submit a search in order to (optionally) pursue accelerated handling in the patent office. They require you (in that case) to do a better search than they usually do themselves. If the program works out, it might be a good model for across-the-board adoption.
Uhh - apparently you wandered in from an alternate universe. The RIM case has been debated ad nauseum on /. but one thing is clear - Campana's "heirs" (which in bizarro universe apparently is the word for lawyers) got a payout that is in no way proportionate to Campana's contributions to the world. No one believes that Campana's inventions added one iota of knowledge to the process that ended up with RIM selling Blackberries. Campana's attorn"heir"s just got incredibly lucky that Campana won the race to file in a moronic patent system.
... oh yeah ... bizarro world .. backwards is forwards ... I get it now ... you were just exhibiting a sly and subtle wit. Well played my friend, well played indeed.
And that is a bizarre thing to be trumpeting as a laudable achievement.
Like so many of my personal / pet projects, my Taxonomy of Obvious Ideas site (http://tooi.org) is languishing undeveloped as I haven't had the time to follow through on the original inspiration. The parent's idea falls right in line with the sort of things I intended to do there though, so...
I will donate domain space and bandwidth -- and put some of my own cash in the pot -- if people are willing to help design, write and manage the app. I'm vacationing with sporadic access for the next week & a half, but after that I'll try to get all the responders in touch with each other & offer whatever I can to the endeavor. I'm a C# / Asp.NET developer myself, but I'm open to other architectures, e.g. PHP on a virtual LAMP server to start, perhaps? Some sort of mod system would be needed to pair filing suggestions with available funds; nobody would want a system with hundreds of filings just a little bit short of the needed fees, while cumulatively enough dollars were tied up in the pot to address at least some of them. But those are implementation details that could be discussed later...
Right now, the domain is basically "parked" on a host (mind you, with no ads or "Your One Stop Portal for All Your Obvious Ideas Searches" type crap), but yes, I do have my own physical servers & lines when it's time to start real work.
I'm not intent on ultimately controlling the domain & project, by the way. If there's a sensible way to put everything into motivated, collective hands, that'd probably be best.
Pi Ran Out
It doesn't qualify as invention, but that's not what patent means.
The original use of patent, that I'm aware of, is either "patently obvious" or "patent of nobility". In both cases it represents the making of knowledge public. (For this reason I don't believe that software "patents" qualify as patents. That would require publication of all source code & tools required for making the software [compilers, etc.]. This isn't even approached.)
Now what the USPTO is supposed to be granting is a patent of invention, i.e., the making of an invention obvious, so that all those "skilled in the field" can reproduce the invention. Software patents clearly fail this test, but they frequently, as here, even fail to contain the component invention around which the "making obvious" is supposed to revolve.
I will assert (IANAL) that there has never been a software patent that fulfills the requirements of patent law. This doesn't mean that I believe I have enough money to pay for a challenge, it means that I consider each and every extraction of funds under threat of a patent lawsuit based on patent law to be extortion. And that I consider that the forces of "law" that are complicit in the enforcement of such actions are commiting malfeasance. (Possibly only misfeasance. They may well not know any better.) Believing this doesn't fool me into thinking that I can safely presume that they won't enforce the software patents, it merely causes me to consider the US government to be an illegal conspiracy against the constitution.
I'll admit that this view causes me to be extremely cynical about any and all governmental pronouncements and justifications. I've yet, however, to notice a time when my cynicism was incorrect. (If the Democrats re-instate habeus corpus, contrary to my predictions, then I'll need to raise my opinion of them slightly.)
I think we've pushed this "anyone can grow up to be president" thing too far.
If you're looking for a name, might I suggest: "patentlywrong.org" (it's available). Not a bad name, if I do say so myself, for an invaluable tool. I would contribute in the hope that the madness might end.
So we've got donors, a web host, programming it wouldn't be difficult, though I'd likely get shot for using PHP instead of Python...
But here's the tricky part: the finding of incoming patents with obvious prior art, and the time to fill out those forms, review them, and submit them. As a community project, this might be easier than it looks, if the articles can be peer reviewed, commented upon, etc.
So...
1) Paypal account to accept donations
2) System of displaying donation totals and expenditures for which patent
3) Submission of bad patent requests for review
4) Submission of prior art claims for those patents
5) Submission of final Patent form for review
6) Voting system on which Patents we submit against
- this last needs to come last because there's not point on voting against patents you haven't proven are false
7) A system where you can review your donation and which patent it went to block
NGTW!
Good idea, and... done.
Again, in the spirit of what this whole endeavor is about, I grabbed this for community & not personal visibility.
I wonder if the patent objection filing process has provisions for objections on Obviousness grounds, or only on Prior Art grounds? If the Taxonomy ever gets off the ground, it would make a handy "incorporate-by-reference" resource if the former type of objection is permissible.
Anyway, hopefully there will be enough competent & motivated souls stepping up to help make this all happen.
Pi Ran Out
The advantages are:
The Drowned and the Saved - Primo Levi