Slashdot Mirror
US PTO Gives Microsoft Credit For Lotus's Homework
theodp writes "On Tuesday, the USPTO granted Microsoft a patent for 'Email Emotiflags' despite ample evidence of a circa-1996 Lotus Notes precedent called Mood Stamps — sender-chosen emoticons that appear next to inbox messages. Among those seemingly aware of the existence of Mood Stamps is Microsoft Chief Software Architect Ray Ozzie, who appears to have fielded questions about the feature while at Lotus. While simply Googling for 'Email Emotiflags' would have turned up evidence of this prior art (including a Slashdot discussion), the USPTO came up empty after instead going with the more-upscale Google Scholar and patent databases for its search effort. Think we can count on Ozzie to do the right thing and give the USPTO a heads-up?"
The USPTO should really rely on Slashdot more often to flush out these illegal patents.
Counting on Ray Ozzie to come to Lotus' defense is a fool's errand, though. Like all the once-luminary personalities that got bought by Microsoft, he belongs to them and will serve their interests instead of our own. :-)
Think we can count on Ozzie to do the right thing and give the USPTO a heads-up?"
I keep hearing it's a new Microsoft so maybe.
Ah crap who am I kidding... I'm betting no.
Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
There needs to be tougher (and by tougher I mean "some") penalties to stop patent nonsense like this. If a patent is applied for and prior art exists there should be criminal convictions (huge, EU-like fines) as a result. Then companies would have to do their homework before they file for a patent, instead of the current situation where they use an idea that was used 10+ years ago and either the patent is rejected or the USPTO misses it and they get the patent.
If the later is true (and it seems to be, quite a lot of the time) and they try to sue and prior art is turned up during the trial, there should be penalties strong enough deter cases like that, eg. If the defendant is not guilty because the patent is invalid the CEO goes to jail.
And then you may as well hang an "out of business" sign on the doors of East Texas court houses.
I've been involved in a few patent litigations. They almost always settle out of court or the plaintiff loses outright in court. The problem is that even when the defense 'wins' the case, they still spend millions in that defense. Why not force the plaintiff to compensate the defense for causing them to waste so much money?
Among those seemingly aware of the existence of Mood Stamps is Microsoft Chief Software Architect Ray Ozzie ...
Isn't it possible that (since he worked on the Lotus Notes project) Ray Ozzie is the originator of this idea and Lotus Notes did not have the foresight to patent this technology when he worked for them? Isn't it possible that he thought this idea patentable and in a better late than never fashion he patented it?
However his employment contact with Lotus likely had clauses about how Lotus owns the ideas since he came up with them in the context of being employed by Lotus.
I wish someone could figure out a way to legislate common sense. We're talking about a patent and potential legal battle over putting little smileys and pictures next to a message? I'm sure we can find examples of six year old girls doing this hundreds of years ago, only it was on paper instead of on a computer.
And even if this was a completely new idea, all we are talking about is tiny pictures with an associated feeling. Is it such a breakthrough? Could we never hope for such an advance for mankind unless the patent system would encourage companies to spend millions on smiley face research? The only reasonable response to this patent request is to laugh and tell them to get over themselves.
Problem is you still get steamrolled by a larger LEGAL budget.
You are never safe in a country where a big bad-ass company can lawyer you to oblivion.
That's known as "loser pays" and will have such a chilling effect on frivolous litigation that the legal lobbies will not let it happen without a huge fight.
Merely suggesting it is political suicide.
1. A system comprising:
a processor;
a memory;
an email application maintained in the memory and executed on the processor to perform a method, the method comprising:
receiving an email message having an associated emotiflag specified by the composer of the email message to indicate an emotion the composer intends to be associated with the email message as a whole wherein:
the email message comprises: a message body;
and header data, the header data comprising an email subject;
the emotiflag is separate from the message body and the email subject;
and the emotiflag comprises: a graphical icon;
and a text tag;
and a display device for rendering a representation of the received email message such that the emotiflag is rendered as part of the representation, wherein rendering the emotiflag comprises rendering the graphical icon and the text tag.
Looking at the (brief) summary of "Mood Stamps" linked by TFA, I don't see the emotiflag comprises: a graphical icon; and a text tag;, and I don't see wherein rendering the emotiflag comprises rendering the graphical icon and the text tag.
New article summary: "Microsoft receives a very narrow patent on an incremental improvement over Mood Stamps."
It also rewards rich people who can afford to raise the stakes. You might be 90% sure that you'll win, but the more money I spend hassling you, the more risk you have to accept. I can simply spend you out of the courtroom.
The __EVER_BROKEN_US_LEGAL_SYSTEM__ should allow "costs in cause" in all litigation, what you have just encourages abuse, since you can sue people with little risk.
The USPTO needs to be sanctioned and regulated, right now it is stupid disaster.