IBM Files the Patent Troll Patent
An anonymous reader writes "It's all or nothing over at IBM as the company goes for the gold and files the patent troll patent. Forget the Hyperlink patent or the POS shutdown patent, IBM wants the patent patent. Its idea is centered around an approach to managing patents from inventor training to filing and protection strategies, including competitive monitoring. At least in theory, IBM could get approval to own the idea of how to manage patents and make a business out of IP. The next time you file a patent, you may want to contact them as you may need a license to file for filing."
So basically this is a "metapatent." Someone should patent the idea of doing metapatents! And someone else should patent the idea of the idea of doing metapatents!
For contributory infringement, due to having approved a patent whose filing infringes upon IBM's patent rights
Perhaps would teach them a lesson about obvious patents?
it appears there is prior art
Direct Link to Patent Application
Enjoy
there are 3 independent claims, 1, 10, and 18
1 is below
It is a bit hard to follow, but claim language is the precise definition of what the patent covers; if you have something that omits only one of the items below, then you are not infringing Given the many, many steps in the claim 1, I don't see it having much value - for instance, the claim language says that there will be guidelines for IP counsel; if you did everything exactly as the IBM patent said, but omitted this step, you would not be infringing. 1. A computerized system for an intellectual property (IP) framework, including:a strategic planning computer module for formulating business strategies for creating and managing inventions and IP rights, said strategic planning module including at least one electronic database having data for formulating said business strategies;an invent computer module for managing creation of said inventions based on said business strategies;an IP creation computer module for determining value of said inventions and creating an IP portfolio, said creating of said IP portfolio including creating said IP rights based on said determining of said value and said business strategies;an IP administration computer module for managing said IP rights based on said business strategies including extension, maintenance and retirement of said IP rights, measuring performance of said business strategies, creating and modifying budgets, and setting guidelines for IP counsel;a defend computer module for defending against infringements and invalidations of said IP rights based on said business strategies and monitoring market and competitor actions to develop risk management plans;an influence computer module including a standards influencing unit, a legal and regulatory influencing unit, and a policy influencing unit; anda capitalize computer module for identifying potential licensees and potential assignees of said IP rights, and managing licensing negotiations, cross-licensing negotiations, and assignment negotiations based on said business strategies,said business strategies provided by said strategic planning computer module being input into at least one of said invent computer module, said IP creation computer module, said IP administration computer module, said defend computer module, said influence computer module, and said capitalize computer module,said inventions provided by said invent computer module being input into said IP creation computer module, andsaid IP rights provided by said IP creation computer module being input into at least one of said IP administration computer module, said defend computer module, said influence computer module, and said capitalize computer module.