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Microsoft Patents 1826 Choropleth Map Technique

theodp writes "A newly-granted Microsoft patent for Variable Formatting of Cells covers the use of 'variable formatting for cells in computer spreadsheets, tables, and other documents', such as using the spectrum from a first color to a second color to represent the values in or associated with each cell. Which is really not a heck of a lot different from how Baron Pierre Charles Dupin created what's believed to be the first choropleth map way back in 1826, when he used shadings from black to white to illustrate the distribution and intensity of illiteracy in France. By the way, beginning in March, the U.S. will switch from a first-to-invent to a first-to-file system of granting patents. Hey, what could go wrong?"

38 of 183 comments (clear)

  1. I reject your patent, M$. by Yuff · · Score: 5, Interesting

    How can We The People put an end to this nonsense? They are not patenting, so much as stealing. How can we petition the US PTO to have a patent re-examined and to have the a$$wipe who accepted the patent application be fired for incompetence?

    1. Re:I reject your patent, M$. by WillAffleckUW · · Score: 2, Funny

      How? I don't know, how many US Senators do you own?

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    2. Re:I reject your patent, M$. by X0563511 · · Score: 5, Insightful

      The patent is on how to do it with a computer; which is a different thing.

      No, it isn't.

      This is why we can't have nice things.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    3. Re:I reject your patent, M$. by Anonymous Coward · · Score: 2, Interesting

      If that patent actually contained source code, maybe you'd have a point. It likely doesn't though.

    4. Re:I reject your patent, M$. by localman · · Score: 2

      Please tell me this is an example of Poe's law. Please.

      I "invented" this years before they did. There are no technical details that are not obvious to a person having ordinary skill in the art.

    5. Re:I reject your patent, M$. by fustakrakich · · Score: 2, Insightful

      How can We The People put an end to this nonsense?

      Haven't you heard? It's legal to vote the incumbents out.. The 98% of voters and the folks complaining here who reelect these people ought to try it some time. The results might surprise them, pleasantly or otherwise, but until they make a feeble effort at it, they can't possibly know.

      --
      “He’s not deformed, he’s just drunk!”
    6. Re:I reject your patent, M$. by tolkienfan · · Score: 5, Insightful

      The patent system grants monopolies on machines in order to encourage people to put in the effort to invent. They are supposed to have time to earn back the money spent inventing.
      This patent covers something which isn't new, and probably cost more to patent than to "invent" since it already existed.
      It also doesn't achieve any if the original goals of the patent system.

      And just because someone takes an existing method and patents executing it on a computer that doesn't make it new or novel or worthy of protection.

    7. Re:I reject your patent, M$. by Entropius · · Score: 2

      Grandparent is being snarky, satirizing all of the patents for "X on a computer!" or "X on the internet!", where X is a well-known thing.

    8. Re:I reject your patent, M$. by qweqazqsc · · Score: 2

      There are multiple processes available to kill this patent (reexamination, post-grant review, inter partes review). However, they are all fairly expensive.

      We are talking the government here. Mistake happen. If we are gutting the government for incompetence, the PTO is really not my top concern.

    9. Re:I reject your patent, M$. by cbiltcliffe · · Score: 3, Funny

      Hey, give them a break!
        They're running it on Windows, after all.....

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    10. Re:I reject your patent, M$. by Inf0phreak · · Score: 2

      No. The patent system grants monopolies in order to encourage people to share the knowledge that goes into the things they invent. The fact that there is money to be had from licensing patents is an incentive against people locking up their inventions as trade secrets that die with their inventors.

      Of course with software patents that sort of doesn't work because you can keep the actual implementation of your idea under wraps, so society doesn't really benefit much from granting a monopoly in this case.

      --
      ________
      Entranced by anime since late summer 2001 and loving it ^_^
    11. Re:I reject your patent, M$. by tolkienfan · · Score: 2

      Sharing was also a goal, true.
      But without an invention there isn't anything to share.
      It's not terribly relevant considering it wasn't secret to begin with.

    12. Re:I reject your patent, M$. by Phil06 · · Score: 2

      Back in the 80s I wrote a tip that was published in PC Magazine showing how to trick the new Excel spreadsheet program into having conditional color formatting, they later added this as a feature. Where are my royalties!

      --
      "...and yet, I blame society" Duke - Repo Man
  2. Time to return to 13 yr patent 17 yr copyright by WillAffleckUW · · Score: 5, Interesting

    It is time to go back to a 13 year patent and 17 year copyright cycle, with a renewal of patent available only to a Natural Person (e.g. not a fictional Corporation) holding a patent for one period, and with copyright renewable only by the Natural Person who authored the work, in 17 year periods, assignable to one spouse, children or heirs (other than Fictional Persons such as Corporations), until said person is deceased for three years.

    If it worked for our founding fathers, who didn't have the Internet, and thus had longer lag times, it should work for America.

    Exisiting patent and copyright grants should be allowed to conclude their grant cycle, provided it is less than or equal to said period, with the holder reverting to the Natural Person at the expiry of such lease. But not created and renewed.

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    -- Tigger warning: This post may contain tiggers! --
    1. Re:Time to return to 13 yr patent 17 yr copyright by b4dc0d3r · · Score: 5, Insightful

      "If it worked for our founding fathers..." is a terrible argument. Even when you're trying to say that things get old faster so they same time period is effectively longer.

      I take the opinion that most of the copyright-based industries are actually false economies. They have built up a business model based on the scarcity of a tangible object (vinyl or paper), and expect to continue that via artificial scarcity. It doesn't make any sense.

      The duration argument has already been made. Optimum length for a copyright for both the owner and society as a whole is 14-17 years, depending on who you ask. It has nothing to do with the circumstances long ago. We adjust as times change.

      http://arstechnica.com/uncategorized/2007/07/research-optimal-copyright-term-is-14-years/

    2. Re:Time to return to 13 yr patent 17 yr copyright by Daniel+Dvorkin · · Score: 4, Insightful

      Agreed, with the exception of the "Natural Person" language. "Person" should cover it quite nicely. And we can reinforce the point by sending anyone--particularly, but not exclusively, any judge or politician--who claims that corporations are people to labor camps in some American version of Siberia, say North Dakota, where they will be clothed in rags, housed in huts, fed on gruel, and worked to the edge of death. When their sentences are up, we can ask them if they understand the difference between corporations and people yet.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:Time to return to 13 yr patent 17 yr copyright by WillAffleckUW · · Score: 4, Insightful

      Both arguments work. But the insanity of continuing with our out of control system is just that - insanity.

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    4. Re:Time to return to 13 yr patent 17 yr copyright by westlake · · Score: 2, Insightful

      It is time to go back to a 13 year patent and 17 year copyright cycle, with a renewal of patent available only to a Natural Person (e.g. not a fictional Corporation) holding a patent for one period, and with copyright renewable only by the Natural Person who authored the work.

      Say goodbye to the corporate research lab pioneered by Edison, Steinmetz, Westinghouse. How much of a debt does the geek owe to AT&T and Bell Labs, Xerox and PARC?

      The geek doesn't like to see himself as a small part of some larger corporate entity.

      But in the real world that is how the big jobs get done.

    5. Re:Time to return to 13 yr patent 17 yr copyright by DMUTPeregrine · · Score: 4, Interesting

      Corporations are Soylent Green.
      Made of people is not the same as people.

      --
      Not a sentence!
    6. Re:Time to return to 13 yr patent 17 yr copyright by retchdog · · Score: 2

      yeah, patent term should scale with how regulated the industry is. pharma is an extreme outlier and should be handled separately.

      --
      "They were pure niggers." – Noam Chomsky
    7. Re:Time to return to 13 yr patent 17 yr copyright by Daniel+Dvorkin · · Score: 3, Interesting

      Say goodbye to the corporate research lab pioneered by Edison, Steinmetz, Westinghouse.

      We already have.

      How much of a debt does the geek owe to AT&T and Bell Labs, Xerox and PARC?

      See above. Time to stop dreaming about the glory days, because they're gone and not coming back.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    8. Re:Time to return to 13 yr patent 17 yr copyright by Daniel+Dvorkin · · Score: 2

      I hate to have to be the one to inform you of this, but corporations were invented by the Romans for the purpose of being considered a person under the law. "Corporations are people" has been the quick legal definition of what a corporation is for over two thousand years.

      I hate to have to be the one to inform you of this, but asserting a thing doesn't make it so. Evidence?

      This is why the founding fathers used language like "Natural Persons" to distinguish living people from fictional legal entities.

      When and where did they do that, exactly? The phrase doesn't appear anywhere in the Declaration of Independence or in the Constitution. OTOH, the latter document refers to "person," "persons," and "people" repeatedly, with no indication whatsoever that these words are supposed to refer to anything other than actual living, breathing human beings.

      Protip: don't be this guy.

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      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    9. Re:Time to return to 13 yr patent 17 yr copyright by MrL0G1C · · Score: 2

      Optimum length for a copyright for both the owner and society as a whole is 14-17 years

      There is a very terrible downside to your argument, that is, 1980's music would become free, perhaps an exception clause for that decade should be built in.

      --
      Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
  3. First-to-file isn't a problem by Anonymous Coward · · Score: 3, Informative

    By the way, beginning in March, the U.S. will switch from a first-to-invent to a first-to-file system of granting patents. Hey, what could go wrong?"

    The entire rest of the world works just fine using first-to-file for patents. The US is an anomaly with first-to-invent.

    1. Re:First-to-file isn't a problem by ThatsMyNick · · Score: 4, Informative

      Exactly. Prior art is still considered when awarding a patent. If the map really is prior art, the patent can be invalidated (through courts or through the patent office). What first-to-file solves is having two inventors almost simultaneously filling for a patent. They may have never heard of each others work, and it becomes difficult to find who really invented it first. The only sane thing is to award it to the first person to file.

    2. Re:First-to-file isn't a problem by reebmmm · · Score: 2

      Agreed. First-to-file is a bit of a misnomer. It's more like a first-inventor-to-file regime. If anything, the first-inventor-regime is actually more protective because it has an absolute novelty requirement. If someone else publishes before you file, you get nothing. You get no grace period over someone else publishing, using or marketing an invention -- you do get a grace period with respect to your own publication.

      There is not going to be a rush to the patent office to file a patent on sex.

    3. Re:First-to-file isn't a problem by Anonymous Coward · · Score: 2, Funny

      Get rid of them all. Time for new system: First to sue!

    4. Re:First-to-file isn't a problem by Drishmung · · Score: 4, Insightful
      You appear to inhabit a different dimension to mine, for in mine, first to invent seems to most benefit big, rich corporations. Are you arguing that the current system is NOT broken? Are you arguing that 'first to file' as used everywhere else in the world is better than 'first to invent'? The evidence for this is?

      The patent system is broken. Making 'first to file' is not going to fix the whole thing. It probably won't make any significant difference (other changes are needed as well), but it won't make it any worse or any more corrupt.

      Start by throwing out business process patents, then software patents. That will fix a lot. I'm almost persuaded that we should just abolish patents altogether, because I don't see much economic justification for them. Are the big companies, at least the ones that actually make something, going to stop innovating because of a lack of patents? Really? REALLY?

      --
      Protoplasm. Quiet Protoplasm. I like quiet protoplasm.
    5. Re:First-to-file isn't a problem by ultranova · · Score: 2

      If the map really is prior art, the patent can be invalidated (through courts or through the patent office). What first-to-file solves is having two inventors almost simultaneously filling for a patent.

      /blockquoteA>

      If two inventors simultanously apply for the same patent, shouldn't it be denied of the basis of obviousness?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    6. Re:First-to-file isn't a problem by Desler · · Score: 2

      Yeah because first-to-invent has really stopped all those megacorps from getting tons of patents, right?

    7. Re:First-to-file isn't a problem by catmistake · · Score: 2

      By the way, beginning in March, the U.S. will switch from a first-to-invent to a first-to-file system of granting patents. Hey, what could go wrong?"

      The entire rest of the world works just fine using first-to-file for patents. The US is an anomaly with first-to-invent.

      The only trouble with the America Invents Act of 2011 is it is not an Amendment to the Constitution, which it needs to be in order to change the original text of the Constitution which clearly specifies (re: "Inventors") the "first to invent" system over the "first to file" system. What could go wrong is the first time the first-to-file system is challenged in court it will necessarily be declared unconstitutional.

  4. I already "invented" this in 2005 by localman · · Score: 4, Insightful

    When I was working on internal sales tools for a company that sold shoes, I created a heat map of their sizing grid: I colored each data cell a lighter or darker shade depending on the sales number in that cell. It was so exciting and original that I think a couple people said "thanks, that's neat" before we moved on.

    How the hell did this get patented, and how can I submit my prior art to invalidate it?

    We've been experiencing this corruption of the patent system for over a decade now. It costs our nation millions and millions of dollars. Is there any serious effort to fix it?

  5. Poster is a moron who doesn't understand Patents by CajunArson · · Score: 3, Insightful

    This is Slashdot where every grandmother who can't write her own kernel drivers is considered sub-human scum but where IT geeks who barely made it through community college consider themselves experts on patent law.

    Once and for all: First to file only applies when two different parties each file a patent application that covers the same subject matter within a short time period of each other (less than one year for all effective purposes in the U.S.

      First to file does *NOT* change the rules on prior art and actually makes it *harder* to overcome prior art because there is no longer an ability to swear behind the filing date of the patent.

      Other countries including Europe (you know, that magical perfect continent where nothing bad ever happens because it isn't the U.S. and that we should all just try to be like?) ALREADY USE FIRST TO FILE.

    I haven't read the patent in question (but then again neither has the poster with a trained eye), but just because Microsoft is doing something that has some similarity to an existing mapping technique does NOT mean that Microsoft's technique is the same!

    In much the same way that engines for cars already exist, it is perfectly possible to get a patent on an improvement to an engine even though engines existing all the way back in 1846!

    Now please return to the standard recycled bigotry that passes for discussion on this site these days.

    --
    AntiFA: An abbreviation for Anti First Amendment.
  6. Why first to file crap in summary by bloodhawk · · Score: 5, Informative

    Why bring up first to file in the summary? it is completely irrelevant, first to file doesn't mean prior art is ignored or that you can just go patent someone else's ideas. It merely means if 2 people/organisations are working in secret on their invention then it is whoever patents it first that gets the patent not whoever can spend huge amounts of lawyers and paperwork to try and show they had the idea 5 minutes before the other person.

  7. Why the need to be first in the first place? by aNonnyMouseCowered · · Score: 2

    "...they had the idea 5 minutes before the other person."

    And that is what needs to be fixed in the patent system, short of abolishing altogether. Why do patents have to winner-takes-all when the historical record is full of examples of parallel inventions and discoveries, like the wheel, caculus or the theory of evolution? Why can't patents be awarded like the winners of sports competiton or American Idol, where even those who didn't place first gets a diminishing share of the prize money?

  8. Re:Pillage and Plunder! by Desler · · Score: 2

    You do realize that the whole rest of the world is on a first-to-file system for patents already, right? theodp is an idiot an a troll who doesn't understand what the "first-to-invent" and "first-to-file" part even means. It's about when there are patent applications from two parties for the same idea. It has nothing to do with prior art.

  9. Stealing ? by Taco+Cowboy · · Score: 3, Interesting

    They are not patenting, so much as stealing.

    I have a deep suspicion that the United States government is actually encouraging the act of stealing by maintaining the patent system.
     
    By filing a patent on a technique somebody had invented some 186 years ago Microsoft (and the United States Government) is essentially telling people to steal as much as they can, before someone else steals it from you.
     
    BTW, has anyone patented the compass yet?
     

    --
    Muchas Gracias, Señor Edward Snowden !
  10. It's obvious to people WITHOUT ordinary skill... by langelgjm · · Score: 3, Insightful

    There are no technical details that are not obvious to a person having ordinary skill in the art.

    I'm not a programmer. I was a social science major in undergrad. My languages of choice are Perl and Visual Basic for Applications.

    Why do I open myself up to the scorn of the /. community by revealing these facts? Because just this summer, I was about to implement EXACTLY what this patent describes when I was happy to find that the functionality already existed in Microsoft Excel. Thanks, Excel, for saving me some time. You deserve credit for that. But a patent? 20 years of exclusivity?

    If the idea to do this, and the implementation (gee, look at maximums and minimum, set up a color scale or other visual indicator corresponding to certain values) was readily accessible to me (a person WITHOUT ordinary skill in the art), there is no reason this should have been granted a patent.

    As the summary suggests, the claims seem broad enough that some of them (1, 8, and 15) might be invalidated by chloropleth mapping techniques present in GIS software.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson