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IBM Wants Patent On Finding Areas Lacking Patents
theodp writes "It sounds like a goof — especially coming from a company that pledged to raise the bar on patent quality — but the USPTO last week disclosed that IBM is seeking a patent for Methodologies and Analytics Tools for Identifying White Space Opportunities in a Given Industry, which Big Blue explains allows one 'to maximize the value of its IP by investigating and identifying areas of relevant patent 'white space' in an industry, where white space is a term generally used to designate one or more technical fields in which little or no IP may exist,' and filling those voids with the creation of additional IP."
Isnt that called creativity or something?
Can they really get a patent on that? Really? Wont this start an infinite cascade of similar statements?
It's useful. It's novel. It's non-obvious (at least to me, but I don't claim to be an expert).
Unlike so many other business method patents, which fail the last two tests miserably, this one cuts through the implementation details and shows why the whole concept of a business method patent is fatally flawed. I doubt that's what IBM intended however.
You have to love it when a common joke on Slashdot - that of patenting the process of patenting ideas - has finally come to pass. Reality has become a joke when a joke becomes reality.
That's exactly what I was thinking. This is a patent end game 2 yard line play. Once it's obvious what patents don't exist, all patents are then obvious with or without prior art! Game over!
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Uh, you might be more insightful than you think. Russians came up with an invention methodology by analyzing massive numbers of patents http://en.wikipedia.org/wiki/TRIZ. It's used mostly for finding solutions in those white spaces, but could be adapted to find the white spaces.
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Funny. Try to launch a plane, or a satellite, or set up a radio transmitter. See how quickly you get caged or shot.
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That doesn't work. It may be obvious that patents don't exist, but it is not obvious what the patents that fill the space would be. There are probably few patents on time machines and matter transmitters. But knowing that doesn't tell me how to invent one to get a patent to fill the space.
A bit like cryptography. I may have an encrypted message, and I may know which algorithm it was encrypted with, but the key is hard to find, and until I have it I know nothing.
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