Microsoft Applies For Patent On Tufte's Sparklines
jenkin sear writes "Data visualization guru Edward Tufte developed Sparklines, a great way to display condensed data as an inline graphic. Excel's new version has incorporated the design element — and Microsoft has applied for a patent on them — without so much as a by-your-leave from Tufte."
This is one of those issues I'd love to hear a real patent attorney weigh in on: If someone files a patent on something you can prove you demonstrated publicly at an earlier date, what are your options? Can you file an opposition to the patent? How does it work?
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A quick search shows: http://sparkline.org/ which on their sf page have a release dated 2004-11-09
It doesn't anticipate any of the claims, but it may help in an obviousness analysis. Specifically, it doesn't automatically update the sparkline if the data changes and it doesn't automatically adjust the horizontal proportion of the sparkline (at least that I could tell the width is set explicitly by the programmer).
Of course, this is to be expected since it's for the web and not a spreadsheet. I suspect a good obviousness argument could come from it though: This is a static sparkline graphing tool. Other static graphing tools have been incorporated into spreadsheets as dynamically updating charts. It would be obvious to add this one new kind of chart to a spreadsheet, especially given that their use on a computer has already been demonstrated.
Normal sparklines are vertically proportional to the surrounding text but not horizontally proportional because, apart from the width of the page, free flowing text has no natural notion of width. A spreadsheet, on the other hand, is made up of discrete cells, so it would be obvious to make the sparkline's width proportional to the width of one or more cells.
I fully expect that those arguments, or something very much like them, will be made by the patent examiner.
The wikipedia article lists several, but for all I know they may have appeared there after your post.
As for the patent being of restricted use that is true but ultimately somewhat petty. It is like appending "on a plane" onto a mention of anything.
He is not suing Microsoft, and has done absolutely nothing wrong, And your post is a simple troll.
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There is something very wrong with your argument from a logical perspective. It is not about dissecting the claim as you call it it is about generalizing the claim that speadsheeds are already automaticaly updating graphs that is sernanly true and as sparklines are just graphs the claim holds also for sparklines so there is not much left to patend anyway. To recap it is not looking at just a part of the claim it is looking at a statement that is true for sparklines as it is true for all graphs in a spreadsheed
You all need to read the patent. Microsoft is not trying to patent the graphics, layout, colors, etc. What they are claiming is the specific implementation (i.e., the computer component) that ties together the graphic with the data set. TF(P) states:
"A computer-implemented method, comprising: associating a sparkline with a location in a document to provide a visual representation of one or more data values included in the document"
Yes, Tufte did come up with a nifty name, and yes MS is using that name to sell their stuff (without giving Tufte credit). But, as many have already mentioned on this thread, graphs very similar to these have been around for quite some time.
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