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Website Attempts To Generate Every Possible Patentable Invention (allpriorart.com)

An anonymous reader writes: All Prior Art is a project attempting to algorithmically create and publicly publish all possible new prior art, thereby making the published concepts not patent-able. The concept is to democratize ideas and to preempt patent trolls. The work is released on-line and in files of 10,000 ideas under a creative commons license. The system works by pulling text from the entire database of US issued and published (un-approved) patents and creating prior art from the patent language. While most inventions generated will be nonsensical, the cost to computationally create and publish millions of ideas is nearly zero -- which allows for a higher probability of possible valid prior art.

89 of 148 comments (clear)

  1. already patented by slazzy · · Score: 5, Funny

    I already did that years ago and patented the idea.

    --
    Website Just Down For Me? Find out
    1. Re:already patented by LifesABeach · · Score: 1

      I visited the web site. Looked for a way to submit an idea. Zip, nothing; not even contact page. Maybe there's a patent on contacting folks?

    2. Re:already patented by Anonymous Coward · · Score: 1

      Simpsons did it.

    3. Re:already patented by Dunbal · · Score: 1

      I believe I said that 15 years ago, those very words. My copyright attorney will be in touch.

      --
      Seven puppies were harmed during the making of this post.
    4. Re:already patented by SNRatio · · Score: 2

      While most inventions generated will be nonsensical

      There's the first real problem with this idea: prior art has to be findable before it can be submitted as prior art. As it stands, patent searching is manageable only because keyword searches, sorting algorithms, and classification systems shrink down the number of documents to something that actual humans can actually scan and pick over. Those methods would utterly fail in this case because by the time the database has enough records to stand a chance of containing relevant prior art for a claim the search would return way too many spurious results for a human to review.

      It will fail hard for pharma patents: the number of possible active pharmaceutical ingredients is up around 10^60 (and that's just small molecules, not biologics!), You can get away with describing LOTS of permutations on a basic "theme" , but not so many that they cover an appreciable amount of the search space.

      Another big fail (or win, depending on your point of view): it can only recombine existing ideas.

    5. Re:already patented by PolygamousRanchKid+ · · Score: 3, Funny

      I believe my patent for "A Method and Process for Doing Stuff with Things" has just about everything covered.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    6. Re: already patented by WarJolt · · Score: 4, Insightful

      The cost of generating them? Nearly $0.

      The cost of using machine driven patents as prior art to fight a patent troll? Millions.

      A patent troll doesn't need a bullet proof patent to make your life miserable. It can be easier and cheaper to just pay them.

    7. Re: already patented by ShanghaiBill · · Score: 5, Insightful

      A patent troll doesn't need a bullet proof patent to make your life miserable. It can be easier and cheaper to just pay them.

      It can be even easier and cheaper to just ignore them. My company has been threatened many times by patent trolls, including Acacia Research and Intellectual Ventures. In every case, we chose to just ignore them. Sometimes they sent a follow up letter. We ignored those too.

      It costs more to pursue a patent lawsuit that to defend against one. Their business model depends on a quick payout. So they shotgun out lots of letters, waiting for some intimidated fool to bite. If you respond, you are basically saying "Hey, look at me, I'm a target!" Unless they have actually filed papers with the court, you have no obligation to respond.

      Of course, if you talk to a lawyer, they will be horrified at the idea of ignoring a legal threat, and will instead recommend that you spend a lot of money on your lawyer. Here's another free lesson in life: Your lawyer does not represent your best interests.

    8. Re:already patented by fuzzyfuzzyfungus · · Score: 2

      I suspect that this initiative will receive harsher scrutiny in terms of 'findable'; purely because of its overt bad attitude(from the perspective of people who treat patents as a serious and respectable business); but it is relatively hard to claim with a straight face that we currently have a situation where attempting to either discover prior art or existent patents you might need to avoid infringing on is adequately practical.

      Even major enterprises with substantial legal resources get torpedoed regularly enough that it doens't even amount to news; and there are situations where "Just don't look, you increase your odds of being hit for willful infringement more than you increase your odds of being able to avoid infringement" is sometimes actually good professional advice.

      Attempting to construct a 'Library of Babel' and put a stake through either patent or copyright on that ground (while almost certainly technically feasible, PRNGs are handy like that) are more or less certain to be tossed out the moment they hit a court that doesn't appreciate some snide CS punk getting clever; but you hardly need functionally infinite volumes of algorithmically generated garbage to hit the point where 'discoverability' is effectively fictional: we've largely accomplished that ourselves with good, old fashioned, manual labor and the transmutation of the output of our engineers into the strange and domain specific language of our patent lawyers.

    9. Re:already patented by Anonymous Coward · · Score: 1

      Forgot to mention: some fine fellow has already put together a PRNG-based Library of Babel both aesthetically based on Borges' description and about as close to his description of its function as one can reasonably expect in a universe where a benevolent, and/or pitiless, and/or inscrutable god hasn't provided us with unlimited RAM.

      I don't expect the imminent end of copyright because of this; but if your creative work can be expressed in the symbol set used, it's already in the library. They have an analog for images; and I'd assume that an analog for video, musical notation, or patent-like combinations of text and images would all be doable by similar principles. The author even went to the trouble of hunting down a comparatively exotic PRNG so that you can actually do text searches of the library(which requires that the function be invertible; unlike the search-breaking but much easier 'just use the "page number" as a seed for whatever PRNG is easiest in your chosen language and call it a day" strategy).

      I have a great fondness for that particular site, it's a fun art piece; and I'm always in favor of people with irreverent bad attitudes playing with the assorted unintuitive properties of mathematics; but I suspect that the relevant parts of the judicial branch do not share my enthusiasm; much less have the slightest desire to let somebody's cute CS trick intefere with their work.

    10. Re: already patented by Anonymous Coward · · Score: 1

      If they mention the patents in question and you ignore the letter, you get to pay for "willful" infringement instead of just infringement, which is much worse.

      The US has recently modified its patent laws to become a "first to file" instead of "first to invent", which means the idea of just publishing ideas out there as "prior art" would need to be tested again in court. The defense might have to prove that the published ideas were well recognized in the industry--a high standard to meet.

    11. Re:already patented by fuzzyfuzzyfungus · · Score: 1

      Nonsense: My 'Apparatus and method for doing stuff to a plurality of things' is totally different, though your pitiful little 'patent' may actually be nothing more than an infringing special case of the matters covered by my patent. See you in court!

    12. Re: already patented by gavron · · Score: 4, Informative

      Anonymous Coward that should NEVER EVER pretend to practice law said:
      "If they mention the patents in question and you ignore the letter, you get to pay for "willful" infringement instead of just infringement, which is much worse."

      No.

      Using imprecise words and just spreading misinformation and fearmongering. Better you would have just kept quiet. Didn't even have the decency to sign your name.

      A "mention" in a "letter" is nothing.

      If they serve you legal notice as per Rule 4.1 (US Federal Rules of Civil Procedure) then you can respond as appropriate.
      If they send you a letter and "mention" things (whatever the hell that means) you can safely use it as kindling for your weekend campfire.

      There are a lot of lawyers. Some actors play them on TV and in the movies. If you want to be one, just go do the whole law-school,
      bar-exam thing.

      Don't make up shit on slashdot. It's something people like to do... but it's not good to spread FUD and misinformation.

      Ehud
      Tucson AZ US

    13. Re: already patented by Anonymous Coward · · Score: 2, Insightful

      If they mention the patents in question and you ignore the letter, you get to pay for "willful" infringement instead of just infringement, which is much worse.

      Willful infringement requires that you actually saw their claim and recognized it as such. "Mistakenly" confuse it for a coupon for something you didn't want and trowing it in the bin isn't illegal or willful.
      Whenever confronted, pretend that is the first time you heard about them. Now they need to prove that they informed you of the "infringement".
      Their business model is based on it being more expensive to prove them wrong than to pay them.
      Make sure that they don't get a response without doing actual work.

    14. Re: already patented by phantomfive · · Score: 1

      Here's another free lesson in life: Your lawyer does not represent your best interests.

      This is so true.

      --
      "First they came for the slanderers and i said nothing."
    15. Re:already patented by NormalVisual · · Score: 3, Funny

      I believe my patent for "A Method and Process for Doing Stuff with Things" has just about everything covered.

      Unfortunately, I hold the patent for "A Method and Process for Doing Stuff With Things Using a Computer", so watch your step!

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    16. Re:already patented by DuckDodgers · · Score: 1

      Charles Stross wrote about this very idea in the science fiction novel Accelerando, pubished in 2005. So unless you beat him, he gets the credit.

      He may have borrowed the concept in turn, I don't know.

    17. Re:already patented by SNRatio · · Score: 1

      Attempting to construct a 'Library of Babel' and put a stake through either patent or copyright on that ground (while almost certainly technically feasible, PRNGs are handy like that) are more or less certain to be tossed out the moment they hit a court that doesn't appreciate some snide CS punk getting clever;

      I think if someone managed to create an actual useful prior art document by this method and it was presented to challenge a patent it could be successful - once. That's how long it would take for the federal government to ram through a change in patent law to disallow prior art that has served no purpose other than to serve as prior art - sort of like tax shelters that serve no true business purpose outside of avoiding tax are deemed abusive.

      They could just disallow combinatorically generated documents - but that would shit all over Pharma patent claims, so that's a no-go.

    18. Re: already patented by KGIII · · Score: 2

      You're aware that email records are admissible in court - as are bounce or error messages, for quite some time now, right? They can, and do, send *some* legal missives via email. I do not know which and what and will not pretend that I do but they've got retention policies for a reason. I guess, if you can prove you bounced it automatically (should be easy) then you're good to go and things like that. However, i do know that email records are considered evidence and that they can be used for a whole host of things. (I communicate with my lawyer frequently via email - and they relay messages that came and went via email.)

      They're not emailing you, the server guy. They're emailing your company's legal department. They will send a return receipt request. It will be entered into the record in court. It's not the 1990s any more. Some lawyers don't even have a fax machine any more - some don't even employ couriers any more. Ghastly, isn't it? Seriously, I do quite a few things via email with my lawyer who then does many other things via email. Those records are admissible.

      --
      "So long and thanks for all the fish."
    19. Re: already patented by KGIII · · Score: 1

      I believe it's illegal to claim you're a lawyer when you are not a lawyer - it's also illegal to even hint that you are. Your jurisdiction might have some variation on that theme but not only can I practice law - I can even charge others to do it for them. What I can not do, is claim that I'm a qualified legal professional or the likes. However, if I wanted to open up a shop called "Shoddy Legal Services" then I could do it tomorrow - but I'd want to make it damned clear that I was not actually a lawyer and that I had not passed the bar exam.

      There's the bit about practicing law without a license but I'm pretty sure that only comes into play if you don't make it clear that you're not actually a lawyer. I'm almost positive of this but, I should mention, I am not actually a lawyer. On the other hand, I know quite a few lawyers and a bit about the court system. I retain a lawyer but my lawyer seldom represents me. I represent myself, where I'm adept enough to do so, and retain my lawyer as legal council.

      I would, kind of, like to see what the bar looks like. I hear it's a tougher test in some areas than in it is in other areas. I have no doubt that I'd fail it but I'd like to see how close I came to passing. I wonder how much it is to sit the exam? I do not believe that you're actually required to have any specific education for it - depending on jurisdiction. Though, I suppose, that might have changed. I can find that information out, I guess.

      --
      "So long and thanks for all the fish."
    20. Re: already patented by silentcoder · · Score: 1

      If it's a letter received in the mail - not served by an officer of the court - then there is no proof you ever received it, no way to prove the infringement was wilfull based on "I sent a letter".

      If you are served by an officer of the court, then that implies that they've actually filed suit - in which case you had better respond. The burden of proof is on the accuser, accusing you of willful infringement has no weight in law unless there is proof that you knew about the patent, and "I wrote them a letter" is not proof.

      --
      Unicode killed the ASCII-art *
    21. Re: already patented by Talderas · · Score: 1

      A lawyer is someone who holds a law degree all though if you could potentially be considered a lawyer with independent study and capable of giving legal advice. Study of law and knowledge of it is the primary defining traits of the lawyer although law educated lawyers would probably look down on someone claiming to be a lawyer without a degree. An attorney is someone who has passed the bar exam and also someone who is considered qualified to represent another individual during a trial. By necessity attorneys must be lawyers.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    22. Re: already patented by allo · · Score: 1

      The question is, do you want to make money or do you want to prevent patents? The second one is easy with this machinery.

    23. Re: already patented by Sir+Holo · · Score: 1

      Very informative post.

      I'm on the other end of such letters, but am not a patent troll. Several people have copied a set of patents I invented and own. Recently, some other patents have appeared that copy mine without any improvement at all. Mine is a foundational one, meaning that no one can license and actually 'use' their patent without infringing on mine – improvement or not.

      Here is how far they will go:
      * Copy-past entire paragraphs from my Detailed Description, with a single change
      * Put a prefix 'xxxxx-' or some other modifier before the critical noun of importance
      * Change the critical noun to a rarely used synonym for the same thing
      * Describe something vaguely related, but slip in a page describing exactly what I already have patented
      * Write a bunch of patents describing mine, deliberately FAILING to cite anything of mine as related art or potential prior art
      * Tell me that they "tried to make sure we patented around the prior art", having never cited my 'Relate Art' (which is actually prior art to their claims). Thanks for that admission, friend!
      * Copy-paste my Claims verbatim, and use one of the same tricks as above

      All of the above are strategies used to keep the overworked patent examiner from finding the prior art which is being 'stolen' from. Once allowed, it's a lot harder to nuke someone's patent, than it would have been while it was under examination.

      I sometimes send them printouts of my patents by certified USPS mail. No letter except, "This might be of interest to you regarding xxxxxx technology, particularly your US Patent # 8,nnn,nnn." It's simply informing them, making anything in future where they (1) do not cite me, or (2) practice what I've patented (evidenced in the Figures of their future patents), or (3) that I will discover who they have licensed 'their' Utility patents to, meaning unpleasantness for their customers as most of mine are device patents (plus some methods) – then in future infringement lawsuits (or negotiations prior-to), I will be able to add "willful".

      I had been taught that omitting any primary prior art that one was aware of in a patent application was sufficient to incur a penalty, or to nuke the patent application. That was wrong, I now know, but the friendly letter I send adds on willful to any infringement, but also tips them off that I am on to them. It also means that their clearly intentioned divisionals or CIPs must cite my patents, which the USPTO Examiner will then be able to find relevant prior art...

      At the time of writing my own patent, I cited over a hundred documents in the field, to make my patents bulletproof. USPTO examiner's comment in the allowance letter was "the prior art is silent on the application of xxxxx ..." That help to keep the trolls away.

      The real bastards are the ones who copy-pasted entire paragraphs in their issued patents, but did not cite my patents or scientific articles. In any other context, this would be called plagiarism. The copy-cats merely put the prefix "xxxxx-" before the critical noun of the paragraph. They often insert a short, buried few paragraphs, saying, "Hey, it will probably work for things without that prefix of "xxxxx-", meaning they will or already do have divisionals under review. I have not contacted these jerks, because I think the willful aspect is demonstrable – a monkeys-at-typewriters argument should suffice.

      Thanks to the AIA (America Invents Act), I can contact the USPTO examiner directly to nuke an application in process, as long as it's within a year of the application having been published. So, I do watch them, by general USPTO search and the Publ

    24. Re: already patented by Coren22 · · Score: 1

      Because posting AC means you don't give a shit about responses, don't even have the common courtesy to stand behind what you post, and have no culpability if you post something patently false as the other AC did.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  2. I hope the patented this by goombah99 · · Score: 1

    it is an invention

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:I hope the patented this by alexhs · · Score: 1

      I hope they patented this, it is an invention

      But there's prior art.
      Of course, this time, it is "on a computer", which as we all know means that it is completely novel.

      --
      I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
  3. Stupid Monkey! by Layzej · · Score: 3, Funny

    It was the best of times it was the BLURST of times? You stupid Monkey! - https://www.youtube.com/watch?...

  4. Looks pretty much useless by Anonymous Coward · · Score: 1

    Having looked at the site, I'm not too impressed. All they're doing is generating abstracts, not specific embodiments.

    It's normal for any patent to come up against prior art (there's about 100 million patents on Espacenet, similar in the US archives). To get a patent granted you have to pick those apart and figure out what makes your invention novel. It can often be a minor difference that allows you to get a valid patent.

    Since the abstracts generated by this site are not very specific, it'd be a trivial exercise to work around them. If they got as far as producing a full disclosure - with diagrams perhaps - then it'd be a bit more effective.

    And let me know when they get anywhere near 100 million "inventions". Compared to what inventors are currently up against, this is a tiny drop in the ocean.

  5. Re:Way to ruin things by Anonymous Coward · · Score: 3, Insightful

    1) It won't change anything, because it's really unlikely this will produce anything that's considered valid prior art by a court. Think of it more as a performance piece than legal work. PI with each digit pair converted to ASCII also may have a description of everything that can be invented embedded somewhere in its non-repeating sequence, but we don't regard that as proof of prior art either. So, chill out.

    2) There is no right to profit. The world doesn't owe you protection because, "I thought of it first!" Maybe it'll give you a temporary monopoly because it serves society's purposes - lucky you! - but that's a bargain the nation makes with you.

    3) Fixing the brokenness of copyrights/patents (i.e. eliminating the concept of "intellectual property") by first corrupting it completely is a more worthy effort than any individual invention.

  6. Re:Way to ruin things by roman_mir · · Score: 2

    There is no right to profit.

    - a correction: there is no entitlement to profit. A right is a protection of an individual against government oppression. An entitlement is an obligation by somebody to supply someone else with something under market value.

    Everybody has the right to profit unless there is a law that prohibits that person or a group from profiting. Nobody should have an entitlement to profit, but unfortunately welfare is just that - an entitlement to profit.

  7. Re:Time to Rethink Patent and Copyright Law by Zontar+The+Mindless · · Score: 1

    If you're so concerned about making a profit from your idea and you don't want others profiting from it, keep it a trade secret.

    Then responsibilty for protecting your profitable ideas remains solely with you rather than with government enforcement, you need never reveal your idea to anyone, ever, and so everybody wins, right?

    --
    Il n'y a pas de Planet B.
  8. Public Patent by itamblyn · · Score: 1

    Years ago I registered the site publicpatent.org. I had planned for people to just submitted random stuff (i.e. idea A + idea B), so that stupid, obvious stuff would be in the public domain and no one could try to patent it. Using NLP to automate the stupid idea generation is great!

  9. Library of Babel by sbaker · · Score: 5, Insightful

    This is essentially no more than the concept of a library containing books with every possible letter combination:

                    https://en.wikipedia.org/wiki/...

    Such a library necessarily contains every work that has ever been (or will ever be) written.

    The problem with such a library (and the problem with All Prior Art) is that of search. Finding prior art that disrupts a patent that you need to make "go away") is just as impossible as finding the cure for cancer in the Library of Babel,

    So the important question is whether you can go to a court of law and say "My opponent's patent is provably invalidated because it's already explained in the Library of Babel"? If that's a valid legal argument - then perhaps this is of use. But I strongly suspect it's a complete waste of time.

    Of course one might argue that a physical embodiment of the Library of Babel (or *ALL* prior art) is impossible - but I might also argue that I've merely done text compression by writing;

            while ( 1 )
                    for ( int i = 0 ; i MAX_PATENT_LENGTH ; i++ )
                            putchar ( "abcdefghijklmnopqrstuvwxyz0123456789., " [ rand() % 39 ] ) ;

    --
    www.sjbaker.org
    1. Re:Library of Babel by Koen+Lefever · · Score: 3

      I think you may be taking the comparison a bit too far: Combining actual English phrases together has significantly fewer combinations than all combinations of letters in the alphabet.

      You miss the point: his algorithm is the most simple way to create all actual English (and many other languages free on top) phrases, including all the patents generated by the other generator - and also a lot of nonsense indeed. For practical use, as for generating usable prior art, both the algorithms are on par: none at all. It's an art project, not a serious attempt at solving anything.

      In France, some groups have been generating text, graphics, architecture, history, theater, comics, etc... in a systematical way since 1960.

      --
      /. refugees on Usenet: news:comp.misc
    2. Re:Library of Babel by BlackPignouf · · Score: 1

      Also, your post, and the entire /. database are contained in pi and e.

    3. Re:Library of Babel by westlake · · Score: 1

      Such a library necessarily contains every work that has ever been (or will ever be) written.

      With that set of characters. But what if there are ideas which can't be expressed with that set of characters?

    4. Re:Library of Babel by dsmatthews9379 · · Score: 1

      Your argument is fundamentally flawed because the Library of Babel is infinite while AllPriorArt is a finite subset of the Library of Babe that is domain specific and encodes semantic patterns in the form of valid n-gram chains. There is a high probability that AllPriorArt could produce the exact wording for part of a yet to be approved patent and that part will describe a key concept in that patent thereby invalidating it.

    5. Re:Library of Babel by Theaetetus · · Score: 3, Informative

      This is essentially no more than the concept of a library containing books with every possible letter combination:

      https://en.wikipedia.org/wiki/...

      Such a library necessarily contains every work that has ever been (or will ever be) written.

      The problem with such a library (and the problem with All Prior Art) is that of search. Finding prior art that disrupts a patent that you need to make "go away") is just as impossible as finding the cure for cancer in the Library of Babel,

      So the important question is whether you can go to a court of law and say "My opponent's patent is provably invalidated because it's already explained in the Library of Babel"? If that's a valid legal argument - then perhaps this is of use. But I strongly suspect it's a complete waste of time.

      I believe you're right. In patent law, there's a doctrine that says that prior art is only useable for what it teaches. For example, H.G. Wells' "Time Machine" is valid prior art for the concept of time machines, such that you couldn't get a patent that claimed "1. A system comprising: a time machine," but if you went one step farther and included a claim directed to your temporal disruption modulator, Wells' story wouldn't be applicable against that.

      Here's an example of the output of this database:

      A faucet includes a spout, a handle, and a capacitive sensor operably coupled to at least one of the spout and the handle. The systems, methods, and programs may extract a language pattern from the stored text sample and may create an authorized profile based on the language pattern. The second part is put on standby and storing parameters of the action are stored in the chip card.

      That's a nice string of phrases, but they teach nothing. You couldn't even use that to invalidate a patent on a faucet that extracts language patterns from a stored text sample and stores it in a chip card, because it has no teaching of how to build such a thing. Or even what that really means.

      At best, you could use those sentences individually to invalidate a first patent that claimed "a faucet including a spout, handle, and capacitive sensor operably coupled to at least at least one of the spout and the handle" and a second patent that claimed "extract[ing] a language pattern from the stored text sample and may create an authorized profile based on the language pattern and a third that claimed "putting [something] on standby and storing parameters of the action in the chip card."

      But there's a problem with that, too. From the database's description:

      The system works by pulling text from the entire database of US issued and published (un-approved) patents and creating prior art from the patent language.

      In other words, each of those sentences already appear in issued or published patent applications, and are already prior art. In fact, if you wanted to really invalidate any of those, you'd pull up the corresponding patent they used to create the prior art database, and it would include that sentence plus a whole bunch of additional details.

      So, not only does this not actually create any new prior art, it's less useful than the original data they're pulling from.

      Disclaimer: I am a patent attorney. Feel free to accuse me of bias and say that my background invalidates my opinion, but that doesn't mean it's legally or logically incorrect or that federal circuit judges - many of whom are patent attorneys - will not come to the same conclusion.

    6. Re:Library of Babel by richlv · · Score: 1

      i'm not so sure about it. for example, the following could sell :

      A hitch device for converting a conventional wheelbarrow into a towable trailer.

      --
      Rich
    7. Re:Library of Babel by quantaman · · Score: 1

      Such a library necessarily contains every work that has ever been (or will ever be) written.

      The problem with such a library (and the problem with All Prior Art) is that of search. Finding prior art that disrupts a patent that you need to make "go away") is just as impossible as finding the cure for cancer in the Library of Babel,

      So the important question is whether you can go to a court of law and say "My opponent's patent is provably invalidated because it's already explained in the Library of Babel"? If that's a valid legal argument - then perhaps this is of use. But I strongly suspect it's a complete waste of time.

      Even assuming they could generate stuff that was recognizable as prior art (which I doubt) I'm dubious a court would treat it as such.

      An invention is an idea, the patent is part of your reward for sharing the idea with the world. But if the invention was generated by a machine and never read by a human being then the idea doesn't exist.

      Or to put it another way, you can't have discovered something if you don't even know it exists.

      --
      I stole this Sig
  10. rubbish by Anonymous Coward · · Score: 1

    what a lot of rubbish: patent lawyers will argue:
    prior art has to be public and it must be possible for the skilled person to find such prior art. Therefore, prior art needs to be embedded in a context where it could or would be found (text books, patent documents, publications on web whose intent is to publish non-jokes). That's not the case here: a database with largely shitty or random content would not be searched by the skilled person, and/or is not 'made public' in the sense of the relevant patent law provisions . Patent office are likely to follow that argument. Similarly, documents whose publication date dates back long enough, e.g one or couple of hundred years, is no considered 'prior art'. People always think with their stupid ideas they can change the word. Let me tell you: it's not that easy. Give it up.

  11. commentary on abuse by random_ID · · Score: 1

    This is a sad commentary on how abuse of US patent and copyright law has flourished.

  12. Won't help by GameboyRMH · · Score: 3, Interesting

    Prior art has never been a hindrance before...

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  13. Not gonna happen by ITRambo · · Score: 1

    Programs are not creative. They do what they're told to do. I'd like to see it develop a warp drive engine that works.

    1. Re:Not gonna happen by Anonymous Coward · · Score: 1

      You don't need something that:
      1) works
      2) even exists
      3) is even logical
      to get a patent on it in the US.

      A large number of patents are so verbose and basic that they probably all violate each other given a good lawyer and enough bad blood between 2 companies.
      This is the reason many companies cross-licence their stuff between each other rather than suing the hell out of each other because it would be a MAD situation.

    2. Re:Not gonna happen by Goldsmith · · Score: 1

      The problem with this approach to patents is that when I create a patent that covers similar technology as the "non-working" version, but actually works properly, I still get my patent granted.

      You *can* patent nonsense, but that doesn't prevent actual patents of existing inventions from parallel (non-infringing by addition of crucial invention) patents.

  14. They have re-invented monkey by the typewriter by Trachman · · Score: 2

    They have re-invented monkey by the typewriter, and they are using computer power to stitch not separate letters, but words and phrases.

    They have, however forgot several things.

    It is the math. Some numbers, representing a possible number of combination of letters and words and ideas, are so high and so large, that there is not enough quarks in the universe to represent the number. If you have an infinitely large number and you use automation and software to reduce, you will still have a very large still unfathomable number of possible combination of ideas left.

    Or put it the other way, you can employ not one but a trillion billion of monkeys and give each a super fast computer and the outcome will be exactly the same as having one monkey with the typewriter.

    1. Re:They have re-invented monkey by the typewriter by PPH · · Score: 1

      They have re-invented monkey by the typewriter, and they are using computer power

      So, completely in keeping with the existing patent process then.

      Submit 'Something, something, blah blah blah' (all prior art) and append using a computer or using the Internet and you have a brand new patent.

      --
      Have gnu, will travel.
  15. Won't work by Anonymous Coward · · Score: 1

    They changed it from first to invent to first to file if people remember in an effort to save time and money while speeding up the patent process. I also doubt it would help fight against the obvious clause as the person who does the patenting could say that a person didn't think of it and it was randomly generated and buried so the idea was in fact not obvious since a human did not think of it until now.

  16. won't work by Gravis+Zero · · Score: 1

    the patent office isn't going to check this database and after a patent it approved, it (sadly) requires more than just prior art to have the patent invalidated. the patent system is borked but this isn't the solution.

    --
    Anons need not reply. Questions end with a question mark.
  17. Prior Art for Prior Art Generators by Anonymous Coward · · Score: 1

    There is prior art for prior art generators:
    http://thesurrealist.co.uk/priorart.cgi

    The older one is certainly more amusing.

  18. Re:Time to Rethink Patent and Copyright Law by LynnwoodRooster · · Score: 3, Interesting

    The Constitution sets up the patent system. Yes, it's Constitutional law. But the GP has it correct - I am one of those inventors (18 granted so far), and I license them out for very low rates. Provable, measurable improvements, but trivial to copy/implement because it's mechanical in nature. Companies big and small (licensees run from one-man shops to Microsoft) license it for fractions of a percent of the value - and I make a decent income by volume. Consumer gets the benefits, manufacturer/brand gets the benefits, and I (the inventor) get the benefits. What's the downside?

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  19. Too late by JustAnotherOldGuy · · Score: 1

    April 1st was over a week ago, but nice try.

    --
    Just cruising through this digital world at 33 1/3 rpm...
  20. Re:Way to ruin things by Anonymous Coward · · Score: 1

    Without patent protection how can medical R&D investment be justified?

    Perhaps by public funding instead of private? That would eliminate the Martin Skrelis of the pharmaceutical business

  21. Missing the point. by westlake · · Score: 1

    This is like pointing to the sci-fi of E.E. "Doc" Smith and claiming you have prior art for a faster-than-light drive.

    Prior art has to be anchored in the real world of invention and application or it means nothing.

  22. The America Invents Act (September 16, 2011) by Anonymous Coward · · Score: 2, Informative

    The US switched from First-to-invent to First-to-File starting March 16, 2013.

    This website is about 5-10 years too late.

    1. Re:The America Invents Act (September 16, 2011) by flatulus · · Score: 2

      The US switched from First-to-invent to First-to-File starting March 16, 2013.

      This website is about 5-10 years too late.

      Just replying to try to mod this up a notch (my postings seem to come in at 2, and I don't have moderator points today).

      This needs to be emphasized: Prior art doesn't mean what it used to mean as of 2013 as said above. This further tilts in the direction of large companies who can better afford to "carpet bomb" the patent office with filings.

      Anyone who thinks the patent system has any resemblence to "fair" should try filing just one patent on their own, without legal representation. If you have a career history of filing patents (for instance, with an employer who wants you to do it, so pays for the process), you might learn enough to succeed individually. But even then I wonder.

      Expect each and every one of your claims to be rejected when you file. It's standard practice, regardless of what the claims say. Expect to have to "plead" (respectfully of course) that the patent examiner reconsider these rejections. Expect to need to cite precedence from prior patent proceedings and case law to support your "plea".

    2. Re:The America Invents Act (September 16, 2011) by dsmatthews9379 · · Score: 2

      That does not stop a potential copyright claim against a patent, if your patent just happens to have a block of text that is exactly the same as an older one published in an AllPriorArt like system, but one that asserts it's copyright over the patterns of generated text. It is the fact that machine intelligence can do this at all that breaks the system, imagine what IBM could do if they had Watson generate patents and use it's legal skills to file them as well, then it did this at a strategic level to fence in another companies' patents so that they could not innovate further from them. It would be like a giant game of patent claim Go, and we already know that the machines can best us in that realm too! IBM Watson could become the mother of all patent trolls.

  23. Re:Way to ruin things by gnupun · · Score: 1

    The world doesn't owe you protection because, "I thought of it first!"

    Sure it does, because in most cases, the number of people who think of it second is often zero. That is, only the original inventor will come up with the invention. Of course, the commies that rule this site will assert that the creation does not belong to the creator, rather it belongs to the masses.

  24. Re:Way to ruin things by sjames · · Score: 1

    That ship has sailed. The patent system already does a fine job of depriving people of the fruits of their labor and handing it over to people who did nothing. If this can actually kill the trolls (doubtful), then it will be a boon to all genuine inventors.

  25. Where are the grown-ups around here? by westlake · · Score: 1

    Disney is using stories and characters that have been in public domain for centuries and if you try to use any of the those properties, they'll sue you into oblivion.

    Disney will sue you based on their modern interpretation of these stories and characters. If the Disney version is what you or your kids will remember, it is most likely because the studio is really, really, good at this sort of thing.

  26. Re:Time to Rethink Patent and Copyright Law by NotAPK · · Score: 1

    Then they are obvious and should not be protected anyway.

  27. Re:Way to ruin things by fuzzyfuzzyfungus · · Score: 1

    Aside from the fact that this will probably be thrown out on some variation of 'because punk kids', even if there is no weightier legal consideration to be used; because this sort of bad attitude will not impress an arm of the judicial branch whose entire existence is devoted to taking patents seriously; do you seriously think that Alexander Reben, a single engineer/artist/MIT Media Lab product has the slightest chance to 'reform the patent system', even if that were is objective?

    Doing this requires a relatively tiny outlay for computing resources, some creativity, and some programming abilities. "Reform the patent system" has proven to be a difficult goal even if you possess lobbyists, lawyers, and financial resources somewhere between "one of the top few hundred largest corporations in the world" and "nation state with realistic aspirations to a security council seat".

  28. Re: Way to ruin things by roman_mir · · Score: 1

    I am 100% ideological, my ideology is objective reality.

  29. Was thinking of the same for music by Solandri · · Score: 1

    A computer-generated e-book with every possible melody using up to 10 notes of a chromatic scale (12 different frequencies in an octave, as shifting up or down an octave doesn't change the melody musically) would have a little over 10 billion entries. The first note can always be C because transposing a melody to a different key doesn't change the melody (that's the whole point of a chromatic scale). And rests can be covered by a null note (raising the total possible notes to 13). 13^9 = 10.6 billion. You could probably go up to 12 notes and still fit it on a single uncompressed HDD. Publish that online via a searchable website, file the copyright by sending the Library of Congress a hard drive with the complete "work", and start suing the music studios for copyright infringement for every new song they put out.

    1. Re: Was thinking of the same for music by mandy2tom · · Score: 1

      Almost half of the M&A action on Wall Street is about IP

    2. Re:Was thinking of the same for music by qwerty+shrdlu · · Score: 1

      You'd first have to remove all existing copyrighted melodies, which is a genuinely interesting problem. Land a good job at Google "interesting"

  30. Re: Now that we have 3D printers by mandy2tom · · Score: 1

    We would've had 3-D printers about 20 years earlier, except it was patented. 3-D printers only came to the public once the patent finally expired! prior to that they were $30-$60,000

  31. Re: This is why we have courts by mandy2tom · · Score: 1

    East Texas courts

  32. It's just a mash-up of abstract sentences. by saccade.com · · Score: 1

    I tried feeding it the opening line of one of my patents. Sure enough, it found it verbatim, along with random lines from other patents. Maybe if they threw some "deep learning" at it, they'd get somewhere.

  33. This is Probably Not Prior Art by speedplane · · Score: 1

    The algorithmically generated prior art is probably not prior art at all. To be prior art, the description has to be published at a specific date. I don't see any dates on this prior art (here for example http://allpriorart.com/1459996...). Further, even if it had a date, it's unclear if this was ever "published". A single URL sitting on the internet is probably insufficient to meet the publication requirement if the link isn't accessible from some indexing or search system. Even the 10,000 prior art inventions posted to archive.org (here https://archive.org/download/A...) could arguably not be considered accessible if there is no real way to find anything within them.

    This has a long way to go before it could be considered practical. That said, it's an interesting idea.

    --
    Fast Federal Court and I.T.C. updates
  34. 10,000 monkeys by tchdab1 · · Score: 1

    This is so much more efficient than training 10,000 monkeys as patent attorneys and letting them loose to patent ideas.

  35. Re: Way to ruin things by firewrought · · Score: 1

    Calculus was discovered near-simultaneously by two separate individuals. Ditto telephone, lightbulb, and many other truly transformative inventions. This is not a coincidence: inventors take the problems of their day starting from roughly the same base of established knowledge. A super-exceptional individual may be able to advance humanity some couple of decades thru their insight, but with billions of brains on the planet, somebody else would have eventually figured it out. There are valid argument for patents; increasing the pace of technological progress is chief among them, but to argue that NOBODY would ever discover the same thing is just silly.

    --
    -1, Too Many Layers Of Abstraction
  36. Re:Time to Rethink Patent and Copyright Law by Schmorgluck · · Score: 1

    The Constitution sets up the patent system. Yes, it's Constitutional law.

    Actuallly, the Constitution of the USA merely allows for it, it doesn't mandate it. Having no patent system at all would be just as constitutional as the current situation.

    --
    There's nothing like $HOME
  37. Oblig What-If by complete+loony · · Score: 1

    How many unique English tweets are possible? How long would it take for the population of the world to read them all out loud?

    Even with only 140 characters, there are *a lot* of possible English phrases.

    And what if you tried to store them all for future reference? You'd end up boiling the world's oceans.

    --
    09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
    1. Re:Oblig What-If by KGIII · · Score: 1

      I'd never read that before. It was greatly amusing. The thing is... I'd kind of want to turn it on. We'll have to find another way to cool it. If we ran it on a planet that was insanely cool AND were able to capture the energy from the two being in proximity then we might be on to something. I kid when I say it but it'd be kind of awesome if turning it on caused the nearby stars to dim for a brief second. Yes, yes the picture in my head is most awesome. Thanks for the link. (Can you imagine the sound of it powering on?)

      --
      "So long and thanks for all the fish."
  38. Re:Way to ruin things by DuckDodgers · · Score: 1

    We long ago reached the point where people like you are the tiny majority and the great majority of patent holders are major corporations that use them to crush upstart competitors such as yourself. The original intent of patents has been turned on its ear, and it's now a weapon to protect incumbents.

  39. thingamagig by bigtreeman · · Score: 1

    Surely prior art has to be an actual, physical thingamagig,
    not just an 'idea' scribbled on the back of a napkin.

    --
    Go well
    1. Re:thingamagig by thejynxed · · Score: 1

      If you've seen what qualifies as actual patents these days, then you'd know that most of the time they haven't even bothered with scribbling on a napkin before it gets shoveled through and approved.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
  40. Re:Way to ruin things by adolf · · Score: 1

    I've independently invented lots of things that I later found out were commonplace.

    I've also independently invented two things which were not common, and which were later patented by someone else.

    In the second case, had I published my work, I might have (at least) had a chance at limiting the other party's patent on my creation.

    But since I did not publish it, and never pursued a patent myself, I don't have a verifiable leg to stand on.

    If TFA describes a place where ideas can be published, then they are providing a good place for prior art to be a thing. This doesn't mean that the idea can never be included in a patent, necessarily, but it shows that at least a portion of the patent was invented previously (and should be referenced in the patent's own statements of prior art).

    As it is, though: I'm technically not allowed to use two of my own inventions, which is at least an emotional burden.

  41. Re: Way to ruin things by KGIII · · Score: 1

    And you are nothing, if not consistent. I've said it before and I'll likely think of again another time. I don't generally agree with much of what you have to say but you are consistent in your beliefs and your expressions of them. That may seem trivial but it's not. Not many people are like that - most hold some rather absurd views that are contradictory to one another. And yes, that is most. That is not hyperbole nor intended to be mentioned in passage. I might even go so far as to say that the vast majority of people hold contradictory views. (What's odd is that they'll be vocal about both of them, in succession, and I don't think they even notice.)

    So, there's that. I think you're a fucking lunatic and I wouldn't want you to be in charge of anything more important than a breadbox but I do appreciate that you hold the views you do - and that you remain so and accept the consequences of those actions. Albeit, you only accept them online in in the form of karma (inasmuch as I'm able to prove) and accept them you do. One might even go so far as to say that you're logically consistent. I'll even go so far as to say that sometimes your logic is quite sound. Again, there's that.

    That's not even a backhanded compliment. If nothing else, that's a modicum of respect. You're a lunatic but you're not entirely illogical and consistent.

    --
    "So long and thanks for all the fish."
  42. Yip, covered. by Tablizer · · Score: 2

    Peanut-butter powered horse launcher? Check!

  43. Re: Way to ruin things by gnupun · · Score: 1

    And that's why I said "often zero" in my original post. In the some rare, exceptional cases, multiple inventors come up with same invention, but usually, it's only one individual/group that comes up with the invention.

  44. Re: Way to ruin things by Sique · · Score: 3, Insightful
    It appears often so in retrospective, because all the other inventions of the same tend to be less well documented. In reality, it's much more complicated. To build a cell phone today, you have to license about 12,000 patents (or use third party parts from people who have them licensed). If you ask who invented the cell phone as we know it today, you would have to list 12,000 inventors (ok, that's a simplification, as a single inventor can have several patents to his name, and patents can have several inventors listed together). Who of them actually invented the cell phone? In a certain way, you have to say: The cell phone has 12,000 inventors.

    Even if we go back to the age of the steam engine. Who invented it? The first known patent of something we would today call a steam engine was Thomas Savery. That was at the end of the 17th. century. But Thomas Savery's invention was a special typ of water pump, not just an engine. The first one who actually build an universal steam engine was Thomas Newcomen around 1710. His machine could be connected to many different types of consumer load. James Watt is said to have grown up with a Newcomen engine in the neighborhood, which he was watching for hours as a child. So what did James Watt actually invent? Differently than Thomas Newcomen's machine, his machine relied solely of the pressure of the steam boiler, while the Newcomen machine also needed the atmospheric pressure to work. James Watt's engines were faster running, could be built smaller and took less fuel than the engines before. Newcomen's machines were still running, his first one even survived James Watt, before it was decommissioned in the 1830ies. The company Boulton&Watt, which sold James Watt's machines, achieved 80% market share, so most steam engines sold for the next time were actually Watt's steam engines. But James Watt didn't invent the steam engine. He invented one type of steam engines. A pretty good and successful one. At the same time. James Watt's patents hindered any real progress, because engines with several coupled cylinders to make better usage of the boiler pressure could not be built as they all were found to be in violation. And James Watt fiercely fought anyone trying to improve the steam engine.

    I think, the sole inventor who disrupts how the world does things is more of a romantic story then a real thing. Sometimes, a single inventor invents exactly that item at the tipping point which turns lots of loosely connected ideas how to do things into a workable and reliable product. But the product consists of so much more than that single item. And maybe it's another iteration of inventions, which renders the original invention of that crucial item obsolete, but the inventor of the item still gets remembered as the inventor, because he got some publicity for successfully selling the product, before better versions ate into his market share. Or he was late to the party, but because his version had some real advantage, he gets hailed for inventing the whole thing while all he did was some improvement.

    Out of curiosity, once I tried to find out who actually invented the mixing valve. After digging up more than 2500 patents dating back to the 1920ies, I gave up. I couldn't even be sure what the first mixing valve was actually called. Probably not "mixing valve". But we have at least 2500 inventions which improved upon the mixing valve, so today, we just pull that single lever at the faucet not even thinking about how many people were involved in actually figuring out how to built it.

    --
    .sig: Sique *sigh*
  45. Re: Way to ruin things by gnupun · · Score: 1

    In reality, it's much more complicated. To build a cell phone today, you have to license about 12,000 patents (or use third party parts from people who have them licensed).

    Well, the cell phone is complicated device... it's practically a shrunk version of your laptop/PC so its many software/hardware components have been individually patented.

    At the same time. James Watt's patents hindered any real progress, because engines with several coupled cylinders to make better usage of the boiler pressure could not be built as they all were found to be in violation.

    Without the original Watt patent, these "coupled cylinders" invention would not have even existed. So either the new invention's owners should license the original patent or wait for it to expire. After all, patents are all about monopoly. And a 17 or 20 years monopoly is just an inconsequential blip in the grand scheme of technology and progress. Eventually, the steam engine area will have reached its innovation peak, and there will be few, if any, inventions in that area, so what's wrong with waiting 17 years for your 17 year monopoly.

  46. Re: Way to ruin things by Sique · · Score: 1
    You could imagine a coupled-cylinder version of the Newcomen engine. Wait until the first cylinder boils and lifts the piston, use the additional pressure coming from the cylinder after the piston reaches its upper dead center to lift a second cylinder, and if necessary, a third one. Start cooling the first, the second and third cylinder to complete the cycle. And now we have a coupled cylinder Newcomen engine.

    So the coupled cylinder idea is independent of James Watt's type of a steam engine, as the principle would also work with Thomas Newcomen's invention.

    --
    .sig: Sique *sigh*
  47. Easy to bust by ebvwfbw · · Score: 1

    It's only art if someone produces it. Unless you can show there's some sort of AI or other intelligence, I would think they could argue it's not art. It's machine output.

    There's also a heck of a lot of work to do for patents. You have to have a notebook, that has numbered pages. You need to show how you came to this invention. You also have to mention prior art. And so on.

    Being a patent troll isn't easy work. A whole lot easier than coming up with a real invention, however. I'd argue that if a company isn't using the patent, it's invalid. That would blow a lot of them away right there.

  48. And that's ... by allo · · Score: 1

    ... how most Internet of Things devices were invented.

    > A device for interconnecting the buttering of tcp-aligned toast for a network-aware breakfirst.

    > Wearable bluetooth-capable scarf designed to fulfill the modern needs of internet connected fitness tracking on the go