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Crowdsourcing Site Offers Rewards To Bust Patents

holy_calamity writes "Article One Partners is a new startup that offers $50,000 rewards to people that find prior art for certain valuable patents. The company's founder told New Scientist she thought the initiative would improve 'patent quality' by increasing scrutiny on poor patents. She aims to profit by selling the information contributors collect, or trade stocks based on it. Current patents they are looking for help to bust include those being used by Konami to sue Harmonix over Rock Band and Guitar Hero."

18 of 96 comments (clear)

  1. It's probably like any other reward. by AltGrendel · · Score: 3, Insightful
    "Leading to the arrest and conviction of ...."

    The patent will have to be revoked and beyond legal appeals to get the reward.

    --
    The simple truth is that interstellar distances will not fit into the human imagination

    - Douglas Adams

  2. Maybe I'm missing something . . . by catbertscousin · · Score: 5, Insightful

    Why not go after patent trolls (there's prior art to his 'prior art'!) instead of companies who actually developed a product and patented it?

    --
    No good deed goes unpunished. - Avon, Blake's 7
    1. Re:Maybe I'm missing something . . . by fuzzyfuzzyfungus · · Score: 2, Interesting

      Well, patent trolling isn't actually illegal, unless you can prove that the troll stepped way over the line in some way. Also, the usual operating mode of patent trolls is to have a lot of patents and no products, so they are largely immune to the infringement countersuits and cross-licensing agreements that keep patent war mostly cold among the big players.

      I'd be nice to go after patent trolls; but there really isn't much to get them on. They've come up with ways to game the system, with undesirable effects; but they aren't(usually) actually violating any law you could get them on.

    2. Re:Maybe I'm missing something . . . by mpapet · · Score: 5, Informative

      Why not go after patent trolls

      The problem with that is that most companies with enough spare money to pay have created ridiculous patents.

      For example, the Telco's have ridiculously vague patents they've used to crush innovators like Vonage. A while ago, Microsoft was using language like, "[Insert OSS project demon] violates 23 Microsoft patents."

      The unfortunate among us know that Patent litigation is a way to bankrupt under-capitalized competitors. The beauty of this tactic is that most of it stays out of the media and the litigant typically repeats the litigation a variety of ways until the competitor is bankrupt. My definition of "patent troll" would include the fat, lazy and well-capitalized.

      So, "patent troll" is a pretty big umbrella.

      --
      http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
    3. Re:Maybe I'm missing something . . . by Asic+Eng · · Score: 3, Insightful
      I'd be nice to go after patent trolls; but there really isn't much to get them on

      Sure there is:

      • Troll sues or pressures a company X to get money
      • "Article One" approaches X, and offers to invalidate the troll's patent
      • Profit! (really)
  3. Re:Great by zappepcs · · Score: 4, Insightful

    Not quite like ambulance chasing. This is a reward for helping to see that the patent system gets the information it needs to work as it was designed. That is like outsourcing patent examiners, in an after the fact mode.

  4. Make Money Fast by dattaway · · Score: 3, Funny

    Its the Prior Art Generator. Its only fair. They have infinite computers to generate infinite patents, but now you can hit reload until you win that $50,000:

    http://thesurrealist.co.uk/priorart.cgi

  5. Re:Great by $RANDOMLUSER · · Score: 3, Informative

    Like outsourcing patent examiners after the fact that the real patent examiners have failed to do their job and issued a patent for something that had prior art.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  6. Re:Great by fuzzyfuzzyfungus · · Score: 4, Insightful

    In an alternate universe where ambulance chasing improves the quality of patents, sure.

  7. Annoying Corporate Buzzwords by Anonymous Coward · · Score: 4, Funny
    That's it! 'Crowdsourcing' just made the list!
    1. Synergy
    2. Paradigm
    3. Web 2.0
    4. SOA
    5. [some application] Killer
    6. Governance
    7. Cloud Computing
    8. Crowdsourcing
  8. A lot of prior art is proprietary. by Richard+Steiner · · Score: 2, Interesting

    I've had access to millions of LOC over the years that I couldn't legally release as proof of prior art without getting corporate legal involved, and that's usually not a trivial undertaking.

    I'm not sure $50k is worth potentially trashing a career.

    There are hundreds if not thousands of companies out there that have written software in-house for decades, and I'm guessing most are in the same boat.

    --
    Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
    The Theorem Theorem: If If, Then Then.
  9. Re:Guitar Wanking Prior Art by MaWeiTao · · Score: 2, Informative

    NSFW if you work at the vatican

    I suppose you're trying to say only prudes will be offended by that link. But a pixelated penis is a penis nonetheless. I don't want to explain to my coworkers why I've got one sitting on my desktop, complete with pubes.

    Not safe for work. Period.

  10. Anti Patent Trolling by troll8901 · · Score: 3, Informative

    Another organization: Peer-to-Patent (aka Community Patent Review)

    Currently a pilot project, renewed once per year, as long as it's useful.

  11. Then it's not Prior Art by pavon · · Score: 3, Insightful

    For something to be considered prior art it must have been publicly available in some form. For example, a released product is prior art, a prototype or in-house product is not. A paper published in a journal is prior art, a internal whitepaper or lab notebook is not.

    While the courts to accept internal schematics, code and documentation as evidence that a released product is implemented in a certain way and thus prior art for a certain patent, they would not consider a product that has never been released as prior art.

    That is what the first-to-file rules changed - when multiple people apply for overlapping patents all the other internal documentation that is not considered prior art is now only looked at if it was created within a year before the patent was filed. In the past it was looked at much farther back to determine who invented a product first, but only in the case of multiple filers. Even before the change, it wasn't prior art, and thus couldn't invalidate a patent if the other party never filed for a patent.

  12. Re:Great by lysergic.acid · · Score: 2, Insightful

    it's really not much different from how public oversight usually works. since we can't all be involved in every single government decision as they're being made, public oversight allows the public to correct mistakes made by government officials after the fact. this allows the collective wisdom of a larger group of people to be employed without hampering the day to day operations of government.

    however, it's probably better if the USPTO offered these rewards instead of a private company. this way when a bad patent is found they can trace it back to the patent examiner who granted the patent. also, they could track which companies have a habit of submitting bogus patents and integrate this information in the patent approval process. if a company repeated submits bogus patent applications then perhaps they should be banned from applying for any more patents in the future.

    critics of this approach are probably right that the USPTO needs to correct its own internal problems, though i'd say they need to improve patent examiner training and raise the hiring standards rather than just increasing the number of patent officers they their employ. and in the end, there's really no substitute for a system of public oversight.

  13. Re:Great by kosty · · Score: 3, Informative

    Off-topic, I know, but in response to the rhetorical question: "Do cops get a percentage cut of any drug money they capture?" Personally? Not exactly -- legally, anyway -- but ...

    Cops rake in millions from drug busts
    Report: Cops Keeping Drug Money

    --
    "Democracy." It's just a slogan.
  14. Parappa by tepples · · Score: 2, Insightful

    [Amplitude copied Beatmania] badly too.

    You may have a point there. But Parappa the Rapper was released in Japan in December 1996, a year before Beatmania. Which Konami game did it copy? Likewise, Bust a Groove was out ten months before DDR 1st Mix.

  15. Re:Great by triffid_98 · · Score: 2, Informative

    Perhaps this one also?

    SAN FRANCISCO/LOS ANGELES, March 12 (Reuters) - Gibson Guitar Inc has told Activision Inc (ATVI.O: Quote, Profile, Research, Stock Buzz) that its wildly popular "Guitar Hero" video games infringe one of Gibson's patents, and Activision has asked a U.S. court to find the claim invalid.

    Gibson said the games, in which players press buttons on a guitar-shaped controller in time with notes on a TV screen, violates a 1999 patent for technology to simulate a musical performance.