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Linked List Patented in 2006

An anonymous reader writes "Congratulations are in order to Ming-Jen Wang of LSI Logic Corporation who, in patent #10260471 managed to invent the linked list. From the abstract, "A computerized list is provided with auxiliary pointers for traversing the list in different sequences. One or more auxiliary pointers enable a fast, sequential traversal of the list with a minimum of computational time. Such lists may be used in any application where lists may be reordered for various purposes." Good-bye doubly linked list. We should also give praise to the extensive patent review performed by Cochran Freund & Young LLP."

102 of 477 comments (clear)

  1. Prior Art? by tedgyz · · Score: 5, Funny

    I would show the prior art, but I can't read the reel-to-reel tapes.

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    1. Re:Prior Art? by Tsagadai · · Score: 4, Funny

      Screw that I'm filing a patent on lodging patents. I'll make millions as gullible companies try to protect their "original" ideas. This guy will be required to pay me a fee for filing that patent.

    2. Re:Prior Art? by Seumas · · Score: 3, Interesting

      Who is the bigger idiot here? The engineer that actually thought "I'm going to submit this to my company for a patent" or his company for actually going ahead and submitting the patent on his behalf? Even if the employee is an idiot, you would think someone in the company would have given him the "um... someone already invented post-it notes like decades ago" speech.

    3. Re:Prior Art? by lanc · · Score: 3, Funny

      We should also give praise to the extensive patent review performed by Cochran Freund & Young LLP.
      Zefram, Zefram... have you been drinking again?

      --
      "First they ignore you, then they laugh at you, then they attack you, then you win." -- Mahatma Gandhi
    4. Re:Prior Art? by Bitsy+Boffin · · Score: 3, Funny

      Punch cards? Luxury! In my day we had to carry around bundles of hookup wire...

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    5. Re:Prior Art? by Anonymous+Brave+Guy · · Score: 5, Funny

      I think you misunderstood. To make the links, you take about 5-6 inches of reel-to-reel tape, wrap it around to form a loop, and then seal it with a bit of sticky tape. Then you take the next piece of reel-to-reel, and loop it through the first before sealing it, thus forming the link. The prior art the GPP mentioned is found in every school for five-year-olds in the country, around 15 December every year, and has been since long before your new-fangled punch cards were invented! :-)

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    6. Re:Prior Art? by Fordiman · · Score: 5, Insightful

      Well, if your read the patent, it's for triply-linked lists, the purpose for which I can only fathom. Possibly, it's easier to sequence them for block encryption or somesuch. Though, I also imagine that the patent will get killed for its obviousness; adding a tertiary pointer when you need to access a list via another sequence is pretty damned obvious.

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    7. Re:Prior Art? by Gerzel · · Score: 3, Funny

      Pshaw.

      Youngsters.

      In my day we had to make cast the bronze ourselves and then file out every little gear tooth by hand just to make a machine that would run one non-reprogramable calculation. And we were happy for it!

    8. Re:Prior Art? by phoenixwade · · Score: 2, Interesting

      Except that I note that the patent was ISSUED in April of 2006!

      Takes idiocy to a whole new level, and thrusts it into the hands of the freeking Patent office.

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    9. Re:Prior Art? by GreyPoopon · · Score: 3, Funny

      You know, bronze is a lot easier to work with than stone. You obviously had it much easier in your day than I did in mine. I'd like to chat more, but my childhood friend Methuselah is at the door. I haven't seen him in at least a few thousand years, and it would be a pity to miss him.

      --

      GreyPoopon
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    10. Re:Prior Art? by ReverendHoss · · Score: 3, Informative

      I'm not going to take the time to read the patent itself, but just an FYI on your comment, multi-list cells can be considered triply-linked lists. Useful for replacing sparsely populated two-dimensional arrays. Or skip lists, which are rather nifty, though I've never had a real-world application for them beyond job-interview brainteasers.

      Hrm, I wonder if there's anything else patentable in my old Data Structures and Algorithms class notes...

    11. Re:Prior Art? by Altus · · Score: 2, Interesting


      lets say you had a bunch of objects and you wanted to display them in variable order (lets say the contents a folder in this case, listed by name, size and modification date. the user can switch around what the view is sorted by. If you had a multiply linked list you could have the same objects linked together in 3 different ways using different pointers and you could switch between the views without sorting your list.

      OK, so that example is kind of contrived but I'm sure there are other situations in which one might use this. Still... this is not original. I would be amazed if nobody had ever used something like this before.

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    12. Re:Prior Art? by Entrope · · Score: 2, Informative

      Skip lists have more than one forward pointer in each node, and are an extremely well-known data structure. Wikipedia says they were invented (Wikipedia's word is "discovered", which seems inaccurate to me) by William Pugh in 1990 and published then.

    13. Re:Prior Art? by kripkenstein · · Score: 5, Insightful

      Well, if your read the patent, it's for triply-linked lists

      True. So it is just slightly less ridiculous than the headline makes it out to be. For crying out loud, I implemented various sorting methods on my linked lists by adding multiple pointers to them two decades ago as a teenager, and I don't believe for a second that I was doing anything remarkable at all. Once you have heard of linked lists then doubly-linked lists, triply-linked lists or whatever-linked lists are pretty much obvious.

      Anyhow, what is really missing in all of this discussion is a response from the patent submitter or the persons in charge of accepting the patent; we never get this on Slashdot nor the stories referred to. Since the patent appears to be so unbelievable, I am very curious as to what their official response would be. Perhaps some IT journalist can get one?

    14. Re:Prior Art? by Krakhan · · Score: 2, Informative

      Indeed, and you can get even more general with implementing a general graph with adjacency lists, of which your example and the patent are special cases. Prior art indeed!

    15. Re:Prior Art? by Alsee · · Score: 2, Funny

      Bah! Back in the day Adam and I had to ride dinosaurs back and forth between numbered trees.

      -

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    16. Re:Prior Art? by jfengel · · Score: 2, Informative

      We use skip lists in our software. Like b-trees, they're more useful in persistent situations where getting data in blocks is an important consideration than in memory-only applications.

    17. Re:Prior Art? by whoever57 · · Score: 2, Informative

      Well, if your read the patent, it's for triply-linked lists,
      Reading the patent, hmm.... that might be a good idea: let's look at claim 1:

      1. A computerized list that may be traversed in at least two sequences comprising: a plurality of items that are contained in said computerized list; and a primary pointer and an auxiliary pointer for each of said items of said computerized list such that each of said items has an associated primary pointer and an associated auxiliary pointer, said primary pointer functioning as a primary linked list to direct a computer program to a first following item and defining a first sequence to traverse said computerized list, said auxiliary pointer functioning as an auxiliary linked list to direct said computer program to a second following item and defining a second sequence to traverse said computerized list.
      Looks like a doubly-linked list to me.

      The patent may claim triply-linked lists (see claim 2), but it also makes a claim on doubly linked lists.

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    18. Re:Prior Art? by Skreems · · Score: 4, Funny

      would that make it a "Touring Machine"?

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    19. Re:Prior Art? by Lord+Ender · · Score: 2, Informative

      I'm filing a patent on lodging patents.
      That joke stopped being funny almost a decade ago.

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    20. Re:Prior Art? by mindwhip · · Score: 2, Insightful

      I'm going to re-patent this but when used 'over the internet'.

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    21. Re:Prior Art? by georgewilliamherbert · · Score: 2, Interesting

      Skip lists have been in the Solaris VM subsystem for a while. Back to 2.5 at least. I came across them in the source, then went wandering (at the time, through AltaVista) looking for info on them, and liked what I saw. Neat tool.

    22. Re:Prior Art? by Russ+Nelson · · Score: 2, Insightful

      Everything is patentable because nothing is obvious.

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    23. Re:Prior Art? by The+Empiricist · · Score: 2, Informative

      Anyhow, what is really missing in all of this discussion is a response from the patent submitter or the persons in charge of accepting the patent; we never get this on Slashdot nor the stories referred to. Since the patent appears to be so unbelievable, I am very curious as to what their official response would be. Perhaps some IT journalist can get one?

      It's really unfair to suggest that the patent examiner responsible for allowing this patent should respond to criticisms given that the examiner's reasoning is already publicly available. Just go to the USPTO Patent Application Information Retrieval system and search for patent number 7028023. You can see what the patent examiner reviewed, what was argued, what the response was, etc.

      After reading through these documents, then it is fair to argue that there was a better approach to analyzing the patent application. For example, the examiner relied heavily on the argument that this patent anticipated the claimed invention when rejecting the claims. This patent was not closely related to the claimed invention (it involves a linked list paired with an array pointing into various places in the list). A sorted double-linked list may very well have formed a better basis for an argument because it is at least more closely related. Also, the examiner did not make any obviousness claim. Perhaps it was too difficult to find some teaching or suggestion that would have made the claimed invention obvious in light of the prior art, but perhaps the examiner would have been able to find something had the examiner spent less time writing out an argument that the claimed invention was not patentable art (not because of obviousness or novelty, but because of subject matter).

    24. Re:Prior Art? by Tsagadai · · Score: 2, Funny

      I'm sorry I was new here it won't happen again. I won't publish a joke that was many decades old I promise, sir. No one on slashdot would ever make a stupid mistake like that twice.

  2. wow. by thhamm · · Score: 3, Funny

    what a genius. he deserves millions over millions for that. and chicks for free.

  3. This is a good thing? by erroneus · · Score: 4, Insightful

    People are immediatly shouting "prior art!" I don't care about prior art as much as I care about the fact that it's another software patent and unworthy of being patented.

    1. Re:This is a good thing? by dreamchaser · · Score: 5, Funny

      You're absolutely right. Patenting an algorithm like this would be like me patenting, "A method of transportation involving the repeated placement of one foot in front of the other, thereby conveying motion upon the transportee."

    2. Re:This is a good thing? by Angostura · · Score: 3, Insightful

      Ah, but you should care. This is good news since it is another excellent piece of ammunition in the battle to show that the system is broken.

    3. Re:This is a good thing? by mingot · · Score: 3, Funny

      It's posts like this which make me glad you don't live in the USA!

    4. Re:This is a good thing? by SomeoneGotMyNick · · Score: 3, Funny

      It's news like this which makes me glad I don't live in the USA!

      The next time you're in the USA, dude, pay up.....

      I own the patent: Process and/or Method of NOT Living in the United States
    5. Re:This is a good thing? by Angostura · · Score: 2, Funny

      No, because in this case the patent system is a self-inflicted wound, not something imposed by an outside aggressor.

    6. Re:This is a good thing? by bokmann · · Score: 4, Insightful

      I think the poster's original point is that it is not enough that there is prior art - these things shouldn't get to the point where prior art defense is necessary. We know the system is broken because a patent like this should never have been granted, while someone who is part of the system could say, "you see? the system worked! People Identified prior art and shot down the patent".

      Prior art is a defense if they try to enforce the patent on you. They never should have been given the ability to enforce the patent in the first place.

      Just to be clear, for people who might read this and have no idea what all this linked-list business is about, this ia a data structure that is taught in every 200-level com sci "algorithms and data structures" class, and is so ubituitous that it would certainly be on any exam based on that material. Put in terms in another domain, this would be like patenting "the use of horse hair for the application of water, oil, or acrylic-based substances in an effort to produce a visually aesthetic experience" - that is, a paint brush. Linked lists are in the basic toolset that software engineers use every day. If you are reading this post electronically, then there are probably hundreds of them swirling around inside your computers memory at this very second.

  4. Doesn't patent insertion and deletion by sco08y · · Score: 4, Funny

    I read the claims... somebody submit a patent for insertion and deletion operations.

    1. Re:Doesn't patent insertion and deletion by LaTechTech · · Score: 4, Funny

      I could make millions off of the Pr0n industry for a patent for insertion!

      1 : something that is inserted : as a : the part of a muscle that inserts b : the mode or place of attachment of an organ or part c : embroidery or needlework inserted as ornament between two pieces of fabric d : a section of genetic material that is inserted into an existing gene sequence
      2 a : the act or process of inserting b : the mutational process producing a genetic insertion

      --
      I want my! I want my! I want my Eee PC!
  5. Seperate software patent office by Anonymous Coward · · Score: 4, Interesting

    The US patent office has proved its incompetence in this area time and time again.
    If you must have software patents, why not a specialist software patent office to deal with them?

    1. Re:Seperate software patent office by sclark46 · · Score: 3, Interesting

      The guy that runs the patent office says most examiners make 6 figure incomes. That doesn't sound like they are not paid well to me.

  6. Patent is on multiply-linked lists by Paul+Crowley · · Score: 4, Informative

    If you RTFP, what's actually being patented is the idea of using multiple pointers so that the same item can be in more than one linked list at a time. This idea is also a long way from being novel, but it's slightly different from patenting the linked list. Arguably a doubly-linked list is prior art...

    1. Re:Patent is on multiply-linked lists by tgd · · Score: 2, Informative

      If you RTFP, what's actually being patented is the idea of using multiple pointers so that the same item can be in more than one linked list at a time. This idea is also a long way from being novel, but it's slightly different from patenting the linked list. Arguably a doubly-linked list is prior art... Well, thats the key of any patent story on Slashdot -- no one responding knows how to read a patent. They don't seem to understand, no matter how often someone explains it, that the claims are read in sequence, and if your solution doesn't infringe leaf nodes in the tree of claims, it doesn't infringe.

    2. Re:Patent is on multiply-linked lists by richieb · · Score: 4, Interesting
      If you RTFP, what's actually being patented is the idea of using multiple pointers so that the same item can be in more than one linked list at a time. This idea is also a long way from being novel, but it's slightly different from patenting the linked list. Arguably a doubly-linked list is prior art...

      Back in lat 70s when I was a junior programmer, I did some hacking in SNOBOL to produce a list of thinkgs that had to be sorted two different ways. I had nodes that were in two separate list at the same time. Had I known I would have patented it (unfortunately I lost the card deck with the source).

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      ...richie - It is a good day to code.
    3. Re:Patent is on multiply-linked lists by kwikrick · · Score: 3, Insightful

      This is completely trivial, and any programmer could easily come up with this idea, if the application he is working on happens to needs to store objects in several sequences. I would not be surprised if thousands of computer programs use this structure but don't actually have a name for it. It's just a bunch of pointers after all.

      Luckely, the data structure descibed by the patent has very limited use. A more generic version would allow any number of pointers per item, and is typically called a graph. Still it is a terrible shame that the US patent office grants such patents.

      --
      assignment != equality != identity
    4. Re:Patent is on multiply-linked lists by nickovs · · Score: 5, Informative

      ... if your solution doesn't infringe leaf nodes in the tree of claims, it doesn't infringe.

      That's simply not true. Patent claims are frequently built upon prior claims in the same patent; if a later claim is built on an earlier claim (e.g. in this case where claim 2 cites claim 1) then you need to infringe both parts in order to fall fowl of the later claim. That said, infringing a stand-alone claim (like claim 1 here) is sufficient in itself.

      As far as I can tell claim 1 really does hit a standard doubly-linked list; you have the plurality of data items, a primary order of traversal and an auxiliary order (e.g. reverse traversal). There is obvious prior art for this and the claim should be invalid. Claim 2 is therefor also invalid, irrespective of it's novelty, since it cites an invalid claim. Claims 3 and 4 also have obvious prior art.

      Personally I think that patents like this are great, since they add substantial support to the argument that the USPTO are, despite their avowed best efforts, incapable of assessing the novelty of software patents, and that they should stop trying.

      --
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  7. Where to submit prior art? by Short+Circuit · · Score: 3, Insightful

    OK, so where do I go to submit prior art?

    I've got personal programming I've done that uses linked lists. I've got an instructor who's been teaching them in a 200-level C++ course for god knows how long. Hell, Herb Schildt's "C++: The Complete Reference" was published before this patent was filed in 2002.

  8. Re:oh dear by simm1701 · · Score: 5, Funny

    thats not a reference, thats a pointer!!

    *smack*

    Go back to Algorithms and Data Structures, Do not pass go, Do no increment the Counter by 200 ;)

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  9. Thanks go to John Breene and Cheryl Lewis by mgblst · · Score: 3, Interesting

    These, were the examiners. I wonder what it takes to be an examiner, surely you must have a little knowledge in that particular area?

    Do they get a bonus at the end of the week, for the number of patents they have past.

  10. To be fair, he invented a doubly linked list by MojoRilla · · Score: 2, Informative

    What he actually invented was a linked list with two or three pointers, an therefore sort orders, in the same list. Doubly linked lists demonstrate his concept, though are more complicated (since they allow backwards traversals of the same list) and useful.

    1. Re:To be fair, he invented a doubly linked list by Doc+Ri · · Score: 3, Insightful

      How exactly is backwards traversal more complicated than multiple sort orders? Backwards is just another sort order.

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    2. Re:To be fair, he invented a doubly linked list by tomstdenis · · Score: 4, Informative

      To be fair ... the first patent that the examiner cited is PRIOR ART (I'd argue it too is invalid) for this patent.

      What's worse? LibTomCrypt uses quad-lists (prev/next, parent/child) so it seems that I violate this patent. Gotta go cut a cheque to LSI.

      Tom

      --
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  11. Well allright then! by LordPhantom · · Score: 2, Funny

    What am I doing this morning? Why, furiously working on my patent on all types of sort! First year Computer Science students will BOW to my will (assuming they want to pass that radix sort assignment!)! Muwhahahaha!

  12. Oh yeah by eeyore · · Score: 5, Funny

    I read about this technique about 23 years ago. What is going on here? This looks like material for a slashdot poll, viz:-


    Why do you think that the latest LSI is bogus?
    • (o) It isn't. Free enterprise musn't be regulated by stupid rules, such as "prior art"
    • (o) I read about this in Knuth
    • (o) I slept through a college lecture about this.
    • (o) You woke me up, you insensitive clod!
    • (o) It is an attempt to boost LSI's share price
    • (o) It is a pathetic attempt to dis' LSI!
    • (o) Cowboy Neal has prior art

    What about it, guys?

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    E.
  13. Aww Shoot... by TheVelvetFlamebait · · Score: 5, Funny

    I've got so much code modifying to do.

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  14. Software vs hardware? by Mr.+Underbridge · · Score: 2, Interesting

    People are immediatly shouting "prior art!" I don't care about prior art as much as I care about the fact that it's another software patent and unworthy of being patented.

    I have yet to hear a convincing argument why Babbage's engine, which uses physical mechanical gears to implement an algorithm, is inherently more patentable than the same algorithm in software. How about if I use an FPGA instead? Is it patentable then?

    I realize that software has seen more bad patents than it should, but that suggests that the system should be cleaned up, not tossed. And software patents aren't nearly as bad as the nebulous "business model" patents or "natural discovery" patents.

    Note that the worst offender usually offered up as the problem child of software patents - "one-click" - was not a software patent, rather a business model patent.

    1. Re:Software vs hardware? by Mr.+Underbridge · · Score: 2, Insightful

      All patents need to be abolished. They do nothing but hold back progress.

      Sure hippie. Just as soon as you explain to me how, without patents, a drug company would invest $100M in R&D for a drug that will take comptetitors $1M to copy, driving the price down to the point that they never recover their initial investment. And if your answer is "the government will do it!" look at the fantastic job they do running US public schools.

      Patents are a necessary part of scientific development. Doesn't mean I'll defend the current system, but pretty much any scientist will admit that some form of patent protection is abolutely necessary for many forms of research. This is particularly true for fields in which the barrier to market entry is low compared to the one-time research required to invent a product - like drug development.

    2. Re:Software vs hardware? by ThePiMan2003 · · Score: 5, Insightful

      Patenting y=mx+b as a method of drawing a line is wrong. Patenting a device that uses this to draw a line, that is different. Algorithms that describe basic ways of doing things are not novel. The biggest difference though is that with a device, if someone discovers some neat effect they can patent a certain way of doing it, but others can come an innovate on that device, inventing something that has the same effect but does it differently and is therefore not covered under the original patent. In software they are patenting the effect, here we have a mutli-way linked linked list, something that CS students have to do in freshman level classes. But now, we can't use it in any way without having to worry about defending ourselves. As someone who writes software for a living I would rather give up on ever getting a patent than having to worry for the rest of my life about implementing something someone else came up with and patented.

      The there is the issue that computer science moves along at such a clip that one company having a monopoly on an idea for the standard patent term could seriously stifle innovation in the field, which is directly against what the entire point of patents are.

    3. Re:Software vs hardware? by Fordiman · · Score: 3, Informative

      "I have yet to hear a convincing argument why Babbage's engine, which uses physical mechanical gears to implement an algorithm, is inherently more patentable than the same algorithm in software. How about if I use an FPGA instead? Is it patentable then?"

      Easy: Babbage had to design the gears, switches, etc, and the arrangement thereof to get the effect of calculation. That's patentable. The algorithm he intended to use it to accomplish is not; it's just an artifact of math, and subject to the natural laws clause.

      If you used an FPGA, you could patent the arrangement of gate-feilds, possibly, but the algorithm you're trying to achieve would (should) still not be patentable.

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    4. Re:Software vs hardware? by Mr.+Underbridge · · Score: 2, Insightful

      Serious question: How well would academia do?

      Well, they often do the basic research now, before selling the results to companies The problem is the very expensive development - the clinical trials, and all that. We'd be in the position of having colleges do all that, but it's really not what they're set up for. And of course the gov. would have to subsidize it.

      And look at it this way too - let's say we have the government spend $100M per drug developed (even if academics do it, the gov pays). Now companies come in and take the result and sell it on the cheap. Basically, what we've just said is "Hello, Merck, Phizer. Would you like the US government to take over your R&D? Oh, we'll do it for free." Seems like the US taxpayer gets screwed (at least, more directly than he is now). Also realize that since drugs are used internationally, we'd basically be doing free R&D for the entire world, where even rich European nations would be able to take our results - unless the patent-free zone applied domestically only.

      At the end of the day, it's a problem of game theory. Assuming all people do what's in their best interests (which doesn't always apply, but still), drug development will basically stop without patents, or under your case the US taxpayer ends up footing the bill for worldwide drug development, which we can't realistically do.

    5. Re:Software vs hardware? by SwiftOne · · Score: 3, Insightful
      I have yet to hear a convincing argument why Babbage's engine, which uses physical mechanical gears to implement an algorithm, is inherently more patentable than the same algorithm in software.

      First, when discussing patents (or copyright), everyone must agree that this is an artificial concept developed to try and achieve a purpose. The purpose in the U.S. is (arguably) to promote innovation. There's no natural or inherent quality of such concepts beyond an inconsistent and ill-defined sense of possessiveness.

      Second, with that in mind, if we look at your question, there are a few ways to approach it. "more patentable" could mean a few different things. I'll argue the discussion about "should be more patentable" i.e. I'll be arguing achieving the purpose, not the current letter of the law legality, of which I'm not fully clear (patents aren't copyright, and that's where the bulk of my limited legal knowledge is).

      When a device is patented, there are a few areas of benefit:

      1) The industry benefits, because the patent is (theoretically) detailed and recorded, meaning that the knowledge will not be lost, and that knowledge will eventually become public domain.

      2) The inventor benefits, because his/her device is recorded, and for a time, no one can use that device or claim credit for it without getting permission.

      3) Licensees benefit, because they can develop new inventions that improve upon or use or otherwise rely upon the patented device.

      4) Competitors benefit, because there is new idea introduced, and though they can't copy that implementation, they can try their own ways of achieving that idea. (knock-offs) In some cases, these prove to have some benefit over the original (a better method, cheaper production, etc)

      I would argue that #4 is why algorithms, business processes, and the like shouldn't be patented. Patenting Babbage's engine doesn't prevent the next guy from trying his luck at building a better mousetrap, so long as he doesn't actually copy Babbage. Patenting the algorithm (effectively the concept) does. Less competition means less benefit, and if I build a better mousetrap that doesn't rely on anything from your mousetrap, I'm not violating your work.

      That's a "should" argument from my personal views. It could well be that patents expressly try to protect ideas and concepts, though I suspect otherwise.

    6. Re:Software vs hardware? by gnasher719 · · Score: 3, Interesting

      '' Sure hippie. Just as soon as you explain to me how, without patents, a drug company would invest $100M in R&D for a drug that will take comptetitors $1M to copy, driving the price down to the point that they never recover their initial investment. ''

      In German law, this would be very simple: You would sue your competitor for "unfair competition". That was for example the way to handle software pirates in the years before it was established that you could have copyright on software. Worked quite well. It is still used to protect phonebooks on CD, or maps, which are not the kind of material that can be protected by copyright: Copying phonebooks and selling the copies is "unfair competition" unless you hired a bunch of people who typed the material in themselves, using a scanner and OCR software to read them or just copying someone else's CDs is "unfair competition" and therefore illegal.

    7. Re:Software vs hardware? by ady1 · · Score: 2, Insightful

      I agree. Patents ARE a good thing. However the current method/duration/prior art checking/etc of patents (especially of software patents) need to be reviewed and reformed.

    8. Re:Software vs hardware? by JebJoya · · Score: 2, Interesting

      Ooh, nelly, there's a minefield right there...

      Stating that an algorithm is just an "artifact of math" is perhaps questionable. Now, let me begin by saying that I don't believe that a Theorem etc. should be patentable - that's patently stupid (imagine what would happen if you needed to reference that Theorem in your work - yowzers). However, in mathematics, let us take the example of Andrew Wiles (guy who proved Wiles' Theorem aka Fermat's Last Theorem). Now, by your arguement (or at least an extension thereof), Wiles' Theorem is simply an artifact of maths - yep, I have no problem with this. However, to suggest that somehow this result did not require a huge amount of design work - he had to take areas from well outside the problem's number theoretic roots, and spent 7 years working solidly on it.

      The root of my question is how does this work on designing a proof of a Theorem differ from a patentable software, or even a patentable car. The process of creating each of these examples is based upon some initial system - be it a mathematical system, computing system or physical system - and the result is by nature of the system possible (since it's been made). You could say that a n-linked list is a "artifact" of computing, or that my Fiat Punto is an "artifact" of the physical world.

      Now, don't think that I'm suggesting that Theorems should be patentable, and equally don't think that I'm saying that cars (read: anything physical) should be unpatentable. The problem we have is that a line has to be drawn somewhere, but we have a large grey area which certainly needs some fiddling. (As another facetious example, consider a game, say Half Life or something. Can't the code be construed to be simple an algorithm which takes certain user inputs and gives certain audio/visual outputs? Shouldn't games and apps be unpatentable if algorithms are? If we can't patent short algorithms, but can patent long algorithms where do we draw the line? Number of lines of code? Some measure of "complexity"?...). Regardless, it's a tough issue...

      Jeb

    9. Re:Software vs hardware? by montyzooooma · · Score: 4, Interesting
      Aside from old age, heart disease and cancer are the big killers in the developed world and they both see major improvement by simply eating healthy and exercising more. Now when someone comes up with a drug that cures cancer as effectively as healthy living prevents it happening in the first place then you can try convincing me about the benefits of drug research.

      Now the more likely scenario is that the drug companies are mainly working on chemical solutions to psychological conditions like depression which were often previously treated with counselling. Those 100 million dollar drugs aren't curing anything, they're alleviating symptoms marginally better than the previous patent-protected drug did.

    10. Re:Software vs hardware? by Fnkmaster · · Score: 5, Insightful

      Finding compounds that are potentially active against some disease, especially compounds with relatively new mechanisms of action, is considered "basic research" - academia does a good job in this area, because it makes for good papers, PhD dissertations and academic plaudits.

      Taking those compounds and ensuring they are safe to administer in humans (rather than just animal models), and that they are as efficacious or more efficacious than other existing treatments is a costly, time-consuming process that requires managing a huge staff, coordinating clinics and hospitals, managing information systems, etc. This is not something universities or most research labs are set up to do properly.

      If you eliminated patents, you clearly wouldn't stop the scientists, but you'd put a huge damper on industry and financiers wanting to back the latter part of this process. This would result in far fewer drugs getting through the FDA approval process.

      It may be the case that there is a more societally efficient way to do this than the current system, but I'm not sure what it is. One problem with the current system is that one effect of it is that the US effectively subsidizes other countries drug availability, because drug companies expect to earn a large portion of their profits here, and have to deal with centrally negotiated pricing and other issues in foreign markets. But I don't see how you'd think that eliminating patents entirely would help the situation.

    11. Re:Software vs hardware? by JimDaGeek · · Score: 2

      Well, that $100 million is very small compared to how much the pharmaceutical companies spend on advertising. So it doesn't seem as important to them. Also, a lot of that money comes from tax dollar funded research, either at the private level or university level. Pharmaceutical companies have a pretty sweet deal IMO. We the tax payers fund a huge portion of the research. Pharmaceutical companies get to "own" that research and prevent others from using it for a certain number of years in products. Pharmaceutical companies then turn around and charge huge prices for these drugs during the period that the drugs are covered by patents. So we are effectively paying twice for all new beneficial drugs. At least crack dealers on the streets only charge you once for the product.

      A better system for pharmaceutical companies would be for them to be able to protect their formulations by trade secret for a certain period of time, say 5 years or so. The only entity that needs to know about the formulations would be the FDA for safety approval during the 5 year protection period. After the 5 year protection period, the pharmaceutical company releases the formulation to the public domain so that generics can be made. Or heck, the pharmaceutical can maybe even be allowed to keep it a trade secret after 5 years, however they would be required to license out the formulation under contract (at a controlled price) to generic pharmaceutical companies.

      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    12. Re:Software vs hardware? by phorest · · Score: 2, Interesting

      Patents are a necessary part of scientific development. Doesn't mean I'll defend the current system, but pretty much any scientist will admit that some form of patent protection is abolutely necessary for many forms of research.

      Don't forget the legal liabilty protection needed to bring a 'potentially' dangerous drug to the market.

      If drugs were made by non-profits, charities and/or the government, the liklihood of bringing a lawsuit against something other than a deep-pocketed capitalist enterprise would be pretty difficult. Don't expect the lawyers to ever let this revenue stream to slip from their grasp.!

      --
      God: When you do things right, people won't be sure you've done anything at all.
    13. Re:Software vs hardware? by LaminatorX · · Score: 3, Insightful
      The key difference is that Merk, Phizer, et al would all be able to sell the drug. There would be competition rather than monopoly rents in drug pricing. The money may need to come from taxes, but the people will get that back on the back end by paying less for drugs.

      Sure, the R&D bill needs to be paid. Right now, a ton of it is going into researching new lifestyle medicines that can be marketed via tv adds to affluent aging baby-boomers. That's where the big money is, not curing diseases. Academics are less inclined to pour $100M into researching a new arthritis medication simply because their old (though highly effective) one has gone out of patent.

    14. Re:Software vs hardware? by ericlondaits · · Score: 3, Insightful

      4) Competitors benefit, because there is new idea introduced, and though they can't copy that implementation, they can try their own ways of achieving that idea. (knock-offs) In some cases, these prove to have some benefit over the original (a better method, cheaper production, etc)

      I would argue that #4 is why algorithms, business processes, and the like shouldn't be patented. Patenting Babbage's engine doesn't prevent the next guy from trying his luck at building a better mousetrap, so long as he doesn't actually copy Babbage. Patenting the algorithm (effectively the concept) does. Less competition means less benefit, and if I build a better mousetrap that doesn't rely on anything from your mousetrap, I'm not violating your work.


      You have a good point. I would add a second situation that for me is the worst with algorithms:

      A patent shouldn't be granted if there's a good chance that someone will come across the same exact solution with no knowledge from the patent. By "good chance" I mean probability... in Information Theory terms this would mean that an algorithm should yield some amount of information before being patentable.

      IMHO the n-linked lists don't meet the "amount of information" quota because it's very likely someone comes across this solution on his own when faced with certain types of problems. The same way that many people with no knowledge on sorting come across their own versions of bubble sort... or the same way you can "build" (i.e. emerge) quicksort out of some sorting theory.
      --
      As a Slashdot discussion grows longer, the probability of an analogy involving cars approaches one.
    15. Re:Software vs hardware? by UbuntuDupe · · Score: 2, Insightful

      Good post. I think, in a similar way, this is why patents should only apply to a *means* and not to and end. That is, you should be able to patent *how* a problem is solved, but not *that* a problem is solved, so you can allow people to explore other ways to solve it. Case in point: the one-click patent. Patents *shouldn't* prevent others from figuring out how to streamline online purchases to one click, and so that end (being able to buy with one click) shouldn't be patentable.

    16. Re:Software vs hardware? by asninn · · Score: 2, Interesting

      As someone who's been taking various antidepressants daily for half a decade (not anymore nowadays, though, fortunately), I can assure you that they are not at all useless. Of course they do not *cure* anything, but they can provide a foundation upon which actual therapy can build, and that's quite invaluable.

      Also, there is a reason why several different antidepressants exist: they have different effects and different side-effects on different people. For me, out of the 7 or 8 drugs I took overall, only two (sertraline and mirtazapine) worked, and sertraline ultimately turned out to have side effects that were so serious that I couldn't take it anymore.

      Still, both of these help me a LOT, and while that's just an anecdotal story from one person, I think it's safe to say that they are not nearly as useless as you make them out to be.

      --
      butter the donkey
    17. Re:Software vs hardware? by jamesshuang · · Score: 2, Insightful

      Except Merck and Pfizer would not EXIST if it weren't for the patents. Have you heard of Andrx or Ivax? They are generic drug companies. They do exactly what you say should happen - they sell drugs that are out of patent, and they have equal access over any (old) compounds. They do little or no research of their own, because they don't have the money to do so.

      The actual COST of a pill is almost nothing - no more than the cost of generic acetaminophen in your local grocery store. Any organic chem graduate could take almost any of the major drugs on the market and design a workable and mostly efficient synthesis method. Any chemical engineering graduate could probably take one of these methods and upscale it to million-pill quantities. Ensuring that these drugs are safe is where most of the cost is.

    18. Re:Software vs hardware? by curunir · · Score: 2, Insightful

      The problem isn't with software patents per se, it's that the PTO doesn't have the expertise necessary to understand what is and isn't novel in the software field. There's no doubt in my mind that there are software patents that deserve patent protection. Off the top of my head, I'd say MP3, JPEG, MD5, DES(ede) would all be examples of things that should be patentable (though I believe only MP3 and parts of JPEG are patented). All four of those are non-obvious algorithms for accomplishing a certain task and all four have competing algorithms to accomplish the same task.

      The problem is that in software its too easy to confuse a method and a concept. Even experienced developers will sometimes have problems. Where the PTO understands that patents on physical objects represent only the means of accomplishing the task and not accomplishing the task by any means, they haven't figured it out when it comes to software. Too many patents are granted for accomplishing a task rather than accomplishing a task using a given algorithm.

      This doesn't mean that we should scrap the patent system entirely (for software, at least). What it means is that we need to push for education and reforms that reduce the abuse that we're currently seeing. For one, patent examiners need to be better educated, perhaps to the point where no examiner is not a specialist in the field of the patent. There are a ton of other things that would help too, but that's beyond the scope of this post.

      --
      "Don't blame me, I voted for Kodos!"
  15. Two things... by thebdj · · Score: 5, Informative

    The patent # is actually 7028023. The summary quoted number is the application number. Also, this is OLD, issued almost a full year ago. I actually think we had an argument about this long before now. I am starting to wonder if some of these anonymous submissions for these are actually coming from examiners with a clue. (Trust me there are some.) And look, I found it.

    --
    "Some days you just can't get rid of a bomb."
  16. Previous Slashdot discussion of this patent by tepples · · Score: 5, Insightful

    The same patent was mentioned in this Slashdot article. What is new since then?

    1. Re:Previous Slashdot discussion of this patent by Bastard+of+Subhumani · · Score: 5, Funny

      It's obvious what's new: the original story wan't doubly linked until the new one came out.

      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
  17. Who pays? by nten · · Score: 2, Interesting

    Then LSI would sue and say they implicitly covered that and you'd counter sue for prior art, and that patent office wouldn't care either way. Now if every time someone challenged an approved patent for prior art or that it conflicts with an existing patent, the patent office had to put up the defense in court and spend the money, then things might change. They were the ones that said it was novel, let them defend their decision.

    --
    refactor the law, its bloated, confusing and unmaintainable.
  18. Prior Art by tonywestonuk · · Score: 2, Insightful

    Look here

    http://groups.google.co.uk/group/comp.sys.ibm.as40 0.misc/msg/205bb134a5ab9982

    What I describe, doccumented on the usenet, Is a multple linked list. I dont claim that I invented this method by any means - I'm sure someone must have come up with this b4 me as it is the next logical progression from a single linked list. BUT, At least I posted the method on the internet way back then, so prior art can definatly be proven.

    1. Re:Prior Art by SethHoyt · · Score: 3, Informative
      I've got a better one. Check out "C++: An Introduction to Data Structures" by Larry Nyhoff, copyright 1999.

      Under section 9.5 (Other Multiply-Linked Lists), there is a description of "Multiply-Ordered Lists" which is identical to what is in the patent.

      An excerpt from the text:

      "In some applications however, it is necessary to maintain a collection ordered in two or more different ways... One way to accomplish such multiple orderings is to maintain separate ordered linked lists, one for each of the desired orders... A better approach is to use a single list in which multiple links are used to link the nodes together in the different orders."

      The same section of a newer edition is available for viewing online here.

  19. Hindsight Bias + EU Criminal infringement by Anonymous Coward · · Score: 4, Informative

    You are all suffering from hindsight bias, you all think you've used linked and double links and n-linked lists before but in reality you were using vectors and this is a genuine innovation. ;)

    Here in the EU, JURI is trying to criminalize all IP infringements again:
    http://press.ffii.org/Press_releases/Criminal_Sanc tions_Rapporteur_fails_to_protect_European_industr y

    The vote is expected 20th March (tomorrow) with the aim of making minor copyright, trademark and patent infringement into a criminal offense. There is no fair use in Europe either.
    This has little to do with the real world, EU has no jurisdiction in European criminal law, but if it can make a trade issue into a criminal law issue it can expand EU control in that direction. So JURI has cooked up this trick whereby IP rights are claimed as a trade issue and pumped it up to claim infringement needs criminal prosecutions.

  20. Re:oh dear by Fordiman · · Score: 5, Funny

    You've still got it wrong. It's an abstracted class.

    You cannot dereference the pointer; that's impossible. You must first realize that there is no pointer, and that you're only dereferencing yourself.

    --
    110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
  21. I wish they had waited .... by OldHawk777 · · Score: 2, Funny

    Another perfectly good /. 2007/04/01 post wasted.

    If Hemos had waited there would have been some real funny comments from all US and EU.
    If Ming-Jen Wang and LSI Logic Corporation had waited to file, then the date would
    have clued US and EU all in on the tasteless joke of the few, on the many of US and EU.

    DAMN, Hemos "PLEASE" next time save it for April 1,
    because IPR/PO are so dang dumb-funny, we could all
    be brought to tears and have a good cynical laugh.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  22. Where and How to Complain by 22_9_3_11_25 · · Score: 3, Informative

    http://www.uspto.gov/web/offices/com/iip/complaint s.htm Complaints should be mailed to the following address: Mail Stop 24 Director of the U.S. Patent and Trademark Office P.O. Box 1450 Alexandria, VA 22313-1450

  23. Dupe by Per+Abrahamsen · · Score: 2, Informative

    Prior art for this story.

  24. Other patents from this examiner by tomstdenis · · Score: 4, Insightful

    Texture mapping.

    How about slocate?

    Or rsync?

    Oh and data muxing.

    Fantastic!

    --
    Someday, I'll have a real sig.
  25. Conspiracy by NekoXP · · Score: 3, Interesting

    I think this is a global conspiracy to undermine the patent system by submitting totally invalid patents. Once it's found they're unenforcable they'll kill off the patent system that is broken. Yay for that. Congratulations to that law firm and whatever!?

    Actually I'm curious, when was your first experience of a linked list implemented in a highly exposed manner? As far as I recall it was in AmigaOS (but then I am only just young enough to remember that as my first OS and the first OS I cared coding for). A lot of systems do use linked lists, it's a very old (1960's? :) concept. But AmigaOS gave you a linked list for nearly everything, stored all it's windows and objects and tasks in them, and expected you to traverse it with exec.library and utility.library.

    Along with tags (tagitems, taglists) and ReadArgs they're things I miss in modern operating systems which seem too 'hidden' and trying to feel too unixy. It's all pipes and sockets and syscalls, blagghhh.. I'm glad QNX puts message passing right in your face, and DragonFly is bringing it all back to me again. I can't wait until someone patents one of those again!

  26. The site displaying the patent ... by Stooshie · · Score: 3, Funny

    The site displaying the patent must use linked lists somewhere in the code. The menu at the top says "Browse by Inventor", "Browse by Date" etc...

    Presumably the patent site existed before the patent was submitted.

    --
    America, Home of the Brave. ... .and the Squaw.
  27. You only need Two Things... by Xerotope · · Score: 2, Interesting

    You need A) some kind of college degree and B) a pulse.

    I know some people who applied to the patent office very recently. They were hired after only a phone interview, and given a very short time table to make a decision (something like a week). They also try and rope you in for three years with a signing bonus. So it looks like they're desperate for warm bodies.

    Once you start though, the first 6+ weeks are training. But given the joys of government bureaucracy, who knows how much of that is actual training in patent law versus pro-life indoctrination.

  28. Re:Thanks go to John Breene and Cheryl Lewis by larryboymi · · Score: 5, Informative

    I was an examiner for awhile. Got out after 9 months because I saw the path. A lot of $, but a lot of OCD people, and stress due to quotas.

    I had a B.S. in C.S. and I was simply working on GUI patent apps. They wouldn't hire someone with a degree in an outside area (like Business or something) to do C.S. work, although there were a lot of EE's doing C.S. work (although I see that in the commercial realm a lot too, not always to great success, but sometimes).

    Wouldn't recommend it for anyone other than an anti-social who wants to make bank and doesn't mind a boring, high-stress job.

  29. Let's keep this up by dimeglio · · Score: 3, Insightful

    This is actually great and should server as a reminder to us all.

    We should continue to submit rediculous patents just to show how counter productive software patents in general actually are. Anyone still have their first year CS course notes? There should be plenty of material to patent!

    I don't mind they patent a hammer but not how it's actually used.

    --
    Views expressed do not necessarily reflect those of the author.
  30. Yeaaaaaaaa by unity100 · · Score: 3, Insightful

    its nice that drug companies each invested $100m and more drug research, got their patents, and they are now selling the drugs for reasonable prices to public and drugs are accessible anywhere in the world. not only that, but they are also making discounts and providing easy access, and even giving out drugs in most poor and needy countries so that things like aids or other dangerous diseases do not spread out.

    oh wait - none of these are valid in this universe - all these are happening in alternate universes.

  31. Re:Thanks go to John Breene and Cheryl Lewis by artisteeternite · · Score: 2, Interesting

    Actually, I've heard tell they do have a sort of quota. It's based on quantity, not quality. So, they don't really care if it's going to get contested later, so long that it's out of their hands.

  32. Prior art? by 91degrees · · Score: 2, Informative

    Normally I'm a bit skeptical when Slashdot interprets these patents, and s per usual, the summary does so. The patent does not cover doubly linked lists. It covers a generalisation of the idea that may or may not include doubly linked lists. Inthis patent, the list can be transferred in a number of predefined sequences. Doubly linked lists typically only allow traversal forwards and backwards.

    But, this is a well known data type, known as a multiply linked list. A couple of minutes with google code search gave me an example in the form of the "engine" structure in GIST, which can be traversed in order of Active Engines.

    Oh, and also - Dupe!

  33. Current Openings with USPTO by sd790 · · Score: 2, Informative
  34. make cast? by norminator · · Score: 5, Funny

    In my day we had to make cast the bronze ourselves

    make cast? I've done make, make install, make clean, make menuconfig, make xconfig, make modules make modules install, but I've never done make cast...

    But obviously I've never compiled anything with a linked list in it anyhow, since this dude just barely invented them.
  35. The Patent Examiner by Greyfox · · Score: 4, Funny
    Should be forced to eat a printout of every example of prior art ever published, including the 70s era data structures book I still have on my bookshelf which details the structure in assembly language and the Java, C++ and Linux kernel code bases. Then for dessert he should be forced to eat a printout of the patent. I'd say the applicant should too but he was probably just being sarcastic.

    My regime would require this for patents that are blatantly obvious or have as much published prior art as linked lists do. You can be there'd be a lot fewer frivolous patents issued if the examiner and the applicant were forced to eat the printouts if the patent turned out to be retarded.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  36. Re:It is not a patent by TrappedByMyself · · Score: 3, Informative

    It is a patent. The submitter is just dumb.

    linky

    --

    Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
  37. Re:Thanks go to John Breene and Cheryl Lewis by Andy+Dodd · · Score: 3, Interesting

    I had a friend who was an EE and worked for the USPTO for a while. They were very aggressive in recruiting her, but after six months she was desperate to get out.

    As a few nearby posts have said, they are apparently desperate for bodies. They seem to be in a chicken-and-egg situation - while they are understaffed, the reputation for stress and being underpaid makes it hard for them to hire/retain examiners. Inability to hire/retain examiners results in the existing examiners being overstressed.

    Sadly, for a LONG time, the USPTO was one of the government's biggest moneymakers but was also one of the most underfunded, as all of their income went to what was basically a "generic" fund allocation pool. I've heard efforts are being made to rectify this (i.e. let the USPTO use the majority of what they bring in rather than sending it elsewhere), which should help make things a bit saner.

    --
    retrorocket.o not found, launch anyway?
  38. Textbook Algorithm by SethHoyt · · Score: 2, Informative
  39. Re:Prior Art? Or just stupidity? by corran__horn · · Score: 2, Informative

    The claims would seem to cover something like a skiplist.

    Although in application and detail, I cannot see ever using this, as multiple orderings of a list sound painful and expensive to update and maintain. I suspect this is spaghetti code in the form of a patent, as I can construct the example out of three lists, and the additional headache would only be worth it if the reduction of half the total space used (approximately) would be significant (this is based on the assumption that the list items are pointers to the real objects elsewhere.) It should also be noted that that is just a reduction in the list size which does not include data (which I would expect to be far larger). It also would reduce the constant factors in item deletion (delete and (while increasing them for item creation), both netting zero change. I suppose it would allow for some features such as dynamic ordering changes (changing sequence while reading back the list (abcde read as abcba or something)).

    I have to say that I feel a great deal of sympathy for the examiner who was responsible for dealing with this patent, as it was horrible (the horror...)

    --

    If people can connect to one another even the smallest of voices will grow loud.
    --Serial Experiments Lain
  40. My new patent... by E++99 · · Score: 2, Funny

    I'm filing an applicaiton for "Process and method for posting an article on an a patent when it is issued, then posting the substantially same article a year later, and calling it news both times." Your ass is mine, /.

  41. Re:oh dear by Alioth · · Score: 3, Funny

    Reminds me of...

    C: You shoot yourself in the foot.

    C++: You accidently create a dozen instances of yourself and shoot them all in the foot. Providing emergency medical assistance is impossible since you can't tell which are bitwise copies and which are just pointing at others and saying "That's me, over there."

  42. 1970 by Tablizer · · Score: 2, Insightful

    I sure the hell am glad that patenting software wasn't in vogue when Dr. Codd published relational theory. Or even for that matter file systems, GUI's, ASCII, keyboards, mice, you name it. Even command prompts.

  43. 35 U.S.C. 101 and Reexamination Procedures by blckbllr · · Score: 3, Informative

    I'll make a couple of quick comments:

    First, claim 1 may be invalid under 35 U.S.C. 101 as claiming unpatentable subject matter. It has been my experience that a 35 U.S.C. 101 rejection will issue against a "software patent" where the claim is not directed to something that produces a "useful, tangible, and concrete" result (see, State Street Bank v. Signature). More often, this type of rejection will issue against a claim (not an application), where the claim is directed to purely mathematical operations with no tie-in to hardware to perform that operation. In reading claim 1, there appears to be no claimed hardware that performs the algorithm recited, and hence, I would argue that the claim is invalid. For a more thorough discussion of patentable subject-matter, please see Section 2106.1 of the Manual of Patent Examination and Procedure. However, without looking at the image file wrapper, I don't know what rejections were applied to this application to determine whether claim 1 was amended to overcome this specific rejection.

    Now, that being said, if you are concerned about invalidating this patent (which I'll note issued in April 2006, almost one year ago), you should first find "prior art" before the earliest filing date of the application. In this case, that date appears to be September 26, 2002. I say "appears to be" because the application does not claim priority to an earlier filed foreign application or U.S. provisional application. Next, after gathering your pre-September 26, 2002, you should follow the re-examination procedures for submission. See Section 2200 of the MPEP. Keep in mind, that when a third-party submits prior art for a re-examination proceeding, the prior art should present a new question of patentability. After submission of the "prior art," that third-party is generally not allowed to make comments during the re-examination proceeding. Hence, if the USPTO finds that the "prior art" does not present a new question of patentability, you may have inadvertently made the patent "stronger" and less likely to be invalidated during litigation. Accordingly, you should consider whether infringing this patent may be better procedure, and thus filing a motion that the patent is, in fact, invalid.

    This views represent my own and are in no way affiliated with any government organization or private entity.

    1. Re:35 U.S.C. 101 and Reexamination Procedures by blckbllr · · Score: 5, Informative

      One last follow-up that I realized I forgot to discuss:

      In submitting your pre-September 26, 2002 "prior art," you should also make sure that the "prior art" is at least "prior art" under 35 U.S.C. Section 102(b). For the unfamiliar, this is "102(b)" prior art. "Prior art" that falls under the rubric of 35 U.S.C. Section 102(b) generally cannot be challenged by the Applicant of the application for patent. For example, with "102(a)" prior art, the Applicant for patent can "swear behind" the prior art to show that the the Applicant's "date of invention" is before the "prior art's" earliest effective date.

      As an example, I note that the filing date of application is September 26, 2002. In this example, if you were to submit "102(a)" prior art with an earliest effective date of September 27, 2001, the Applicant of the patent may be able to demonstrate that he/she was working on the invention as of September 20, 2001, hence, overcoming the application of this art (there are some legal concerns regarding what constitutes "working on," but I'll save that discussion for a later time). Now, suppose you submit "prior art" with an earliest effective date of September 25, 2001. This is "102(b) prior art" because it's earliest effective date is at least one year prior to the earliest effective filing date of the application (there are some issues when the application claims priority to an earlier filed application, but this is not the case). In this scenario, where the "prior art" applied is "102(b) prior art," the Applicant cannot swear behind the applied "prior art," even if the Applicant was working on the invention before the earliest effective date of the "102(b) prior art."

      That being said, you should also consider whether your "102(b) prior art" discloses each and every limitation of all of the claims, not simply the independent claims (in this case claims 1, 3 and 4.) (For a discussion of "what is a limitation," see the various sub-sections of Section 608.01 of the MPEP. However, I will note that you can combine references under 35 U.S.C. 103, but again, that's a discussion for another topic.

      So, to recap:

      1) Make sure that your reference is before the earliest, effective filing date of the application for patent (i.e. that it is "prior art");
      2) Make sure that your "prior art" is "102(b) prior art"; and,
      3) Make sure that each and every limitation of each and every claim is disclosed in the application.

      These views represent my own and are in no way associated with any government organization or private entity.