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Lawyer Sues To Get a Patent On Marketing

I Don't Believe in Imaginary Property writes "Lawyer Scott Harris, one of the inventors of the concept of a 'marketing company devoted to selling/marketing products produced by other companies in return for a share of their profits,' is appealing the USPTO's rejection of US Patent Application No. 09/387,823 which was intended to patent that 'invention.' This court action is important because it directly challenges the In Re Bilski ruling, which tightened the rules to get rid of most so-called 'business method' patents. One of Mr. Harris's legal theories is that a 'company is a physical thing, and as such analogous to a machine.' If the name seems familiar, it's because Mr. Harris has a long history of inventive legal maneuverings. I'm honestly surprised that SCO never tried to hire or sue him."

2 of 116 comments (clear)

  1. The Future is Almost Here by dsginter · · Score: 4, Interesting

    I can see a point where the United States becomes a lawsuit-based economy: instead of producing actual stuff, we'll all just patent stuff like email on a cell phone (who would have thought of that otherwise?).

    The lawyers will obviously need to eat and get haircuts, so the money will eventually trickle down into the hands of the middle class.

    I'm a genius - off to the patent office to patent this idea! I can't wait for my first royalty check.

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  2. not a machine by tverbeek · · Score: 5, Interesting

    His argument that a company is a physical thing analogous to a machine is flawed. In our legal system, a company is a "non-natural person", so what he's trying to do is to patent a person, and that's a definite no-no.

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