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."
My head explodes at the sheer number of possible meta-jokes hidden here...
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.
Basically what IBM wants is a patent that makes applying for a patent a patent infringement unless you pay them first.
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.
I'm can't expressly give my opinion of patentability, but I can say that there is a lot of case law on applications about filing patents (how, for what, automation, etc.) and none to my knowledge have gone through.
Well, back to rejecting software patent applications.
Reality has become a joke when a joke becomes reality.
Or to misquote Arthur C Clarke's 3rd Law :
Any sufficiently advanced joke is indistinguishable from reality.
(Or Maybe shall we say : Any sufficiently advanced reality is indistinguishable from a joke.)
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
Wont this start an infinite cascade of similar statements?
And that's how we'll break the patent system. They'll get so caught up in recursive patents that they'll chew up all available resources in the US government eventually causing an out of memory error. The whole government will crash because there will be no space left for log files. The result will force a reboot of the US government.
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