That explains the change in tone in the sight over the past few years. I thought it was some sort of corporate direction. Its refreshing to learn its because the old timers have moved on.
The PTO does hire CS people, but not IT grads. IT grads tend not to have enough science and math credits and don't meet the PTO's requirements of hiring people with science and engineering backgrounds.
The below discloses the requirements for a computer science position.
Successful completion of a full 4-year course of study in Computer Science at an accredited college or university leading to a bachelor's or higher degree that included a major field of study or specific course requirements. Education can be substituted for experience.
Basic Qualification Requirements for Patent Examiner (Computer Science), GS-1224:
A. Degree: professional computer science. Bachelor's degree in computer science or bachelor's degree with 30 semester hours in a combination of mathematics, statistics, and computer science. At least 15 of the 30 semester hours must have included any combination of statistics and mathematics that included differential and integral calculus. All academic degrees and course work must be from accredited or pre-accredited institutions.
Quite a few of the people working at the USPTO are from Virginia Tech as it is one of the closer big schools. Examiner's are hamstrung, not by their own knowledge, but by legal requirements. KSR rationales have made it easier than the old TSM guidelines.
My 401k is looking pretty good (in the 6 figures and I've only worked 10 years). If anyone near retirement has much of their 401k or other portfolio in stocks, they are a fool.
On the otherhand I'm not planning on retiring for another 30-40 years so I don't care if I see a 30-40% drop. Gives me a chance to buy more stocks up for cheap as I have been putting away a few grand a month in cash expecting something like this to happen.
Patents are supposed to be non-obvious to an expert in the field. If that were actually enforced, I suspect 99% of patents would cease to exist.
It's not supposed to be non-obvious to an expert, rather to one of ordinary skill in the art. In some fields that might require PHd knowledge, others a high school education. Now that being said, how would you meet that standard? The examiner might say its obvious, but that is based on opinion. The applicant will say no its not, and bring a 1.132 declaration by a ton of experts saying it isn't.
"Not only does it cause the monopoly issue on the consumer end, patents are also the absence of collaboration. If you patent the cup, and I patent the ball, our society can never invent the cup-and-ball game. This notion is very prevalent in software, but it certainly isn't limited to software, it's just a bit more of a glaringly obvious example."
Actually you could patent it. The use of a cup and ball together is something new and may be considered a non-obvious variation and therefore patentable. Just add your own new twist and you can patent it or get around an exisiting patent.
Even if you were to end software patents, you would still have methods as a statutory class of invention. I must say that I am unsure what additional protection simply claiming a computer readable medium on which is stored software that preforms the same steps that the applicant claimed in a separate method claim actually provides.
If there is not enough information for one of ordinary skill in the art to make or use the invention, then the Examiner should be making an enablement rejection. If the examiner makes a successful rejection, the patent applicant would need to file a continuation in part to disclose the relevant missing information.
Note, in the software world, this doesn't mean you have to include code. There merely has to be enough disclosure that one familiar with the subject matter would know how to write the code corresponding to the patentable subject matter.
When you file for a patent, your application is generally published 18 months after filing. This lets others improve upon your process. Likewise if you make an improvement to an existing patented process, which was not claimed in an existing patent your application may be considered novel and not infringe on the other patent.
Re:Could Someone Help Me Out With This?
on
Debt Deal Reached
·
· Score: 1
Where was the option to buy a 50lbs bag of rice for 30 bucks? I lived off a 20lbs bag of rice for several months at one point in my life.
Why were the rent prices out of sync? Why wasn't there an option early on to live with friends/group home.
Why was there no option to start a side business? Hire myself out to preform a trade of some kind?
I ended the game with something like 1200 bucks. Then again I made choices where I didn't care regarding other people's perceptions of me.
Re:Could Someone Help Me Out With This?
on
Debt Deal Reached
·
· Score: 1
If my parents were broke I would take them in. I imagine quite a few other people would do the same for their parents. Then again there are plenty of "selfish" americans who don't want to support their parents. Asian cultures seem to have multiple generations of families under one roof.
For those without children, it becomes more tricky. For the disabled, I think most people would likely agree that there needs to be some assitance beyond what charity can provide.
The problem is that if you are in reasonable health, your typical SS/medicare receipient can collect far more money than what they put into the system (let alone the fact that they could have earned more money on their investment if they had access to a government TSP account). The fact that you can't pass on this money to your dependents, other than a spouse, kind of sucks, but is required to keep the system running.
You had diesel rabbits in the 50's, geo's in the 50's and civics in the 50's.
They also weighed under 2000lbs. I would imagine if you could magically drop 1000lbs off your typical car sold in the US today you would see a sizable MPG gain.
The BIG three own or are owned by companies that produce high MPG vehicles in europe. its not like they need to do a ton of brand new R&D. Of course getting americans to buy those vehicles may be a bit tougher.
I'd be curious to know the religons makeup of countries which are experiencing high population growth. I don't think that india and china are anywhere near majority catholic. On the otherhand north america and south america had roughly equal population sizes in the 1950's and south america has had rapid growth.
An examiner can get 2 counts if they allow it at the beginning but that is exceedingly rare as applicants usually make overly broad claims the first time around to get an idea of what art is out there. If the applicant gets an allowance from the start, then perhaps they did not claim enough and the patent is a weak patent in terms of value/protection.
Another reason that examiner's don't willy nilly allow cases the first time around is that there are multiple layers of review (depending on the art unit), even for primary (more senior examiners who approve their own work). The IP community has been at odds with this as these reviewers may come to a conclusion without ever having had any discussion with the applicant themselves.
One may not be aware that right now you have examiners examining outside their speciality in order to move cases out of overly backlogged areas (COPA). Sure this decreases the wait times, but applicants may recieve rejections that do not have the best possible art out there prolonging the process, leading to higher costs, and potentially worse patents for similiar reasons as those for brand new examiners examining cases with little oversight.
If one wants a better examination system look into the EPO and JPO processes. JPO rejections are super short and to the point, the US ones are not, as they spoon feed the applicant. Alternatively, have the courts and BPAI stringently enforce the broadest possible reasonable interpretation standard to be in line with the specification.
Unless the prior art references have a touch screen why would anyone want to or need to utilize a gesture? The prior art never considers this problem. Now one of ordinary skill in the art may find utilizing a gesture and or touch screen to be an obvious improvement, but can they say so without utilizing hindsight?
How does germany hold on to its manufacturing jobs? Granted they aren't really making low cost commodities, which likely will move to wherever it is cheapest, but their manufacturing sector seems rather strong compared to the rest of europe. Likewise people around the world are still willing to pay more for a german washing machine (miele or bosch) or car.
The backlog would be helped by allowing the USPTO keep all the funds that are raised. This could mean hiring more examiners, allowing for overtime pay, contracting out PCT work so examiners can examine US filings, updating the IT system etc.
I used to work technical sales, our comissions were 2.5%, same for the people who sold consulting.
Of course 10 years ago, our products ranged in price from $25,000-$200,000, people rarely bought the lowest priced item alone. Typical deals were in the $50,000-250k range.
Slashdot Mirror
That explains the change in tone in the sight over the past few years. I thought it was some sort of corporate direction. Its refreshing to learn its because the old timers have moved on.
or don't have stuff delivered to your business or home.
The PTO does hire CS people, but not IT grads. IT grads tend not to have enough science and math credits and don't meet the PTO's requirements of hiring people with science and engineering backgrounds.
The below discloses the requirements for a computer science position.
http://jobview.usajobs.gov/GetJob.aspx?JobID=101034973&JobTitle=Patent+Examiner+(Computer+Science)&q=CP-2011-0013&rad_units=miles&brd=3876&pp=25&sort=rv%2C-dtex&jbf574=CM56&jbf785=&vw=b&re=134&FedEmp=N&FedPub=Y&caller=basic.aspx&ss=0&AVSDM=2011-07-19+19%3A09%3A00
BASIC QUALIFICATION REQUIREMENTS:
Successful completion of a full 4-year course of study in Computer Science at an accredited college or university leading to a bachelor's or higher degree that included a major field of study or specific course requirements.
Education can be substituted for experience.
Basic Qualification Requirements for Patent Examiner (Computer Science), GS-1224:
A. Degree: professional computer science. Bachelor's degree in computer science or bachelor's degree with 30 semester hours in a combination of mathematics, statistics, and computer science. At least 15 of the 30 semester hours must have included any combination of statistics and mathematics that included differential and integral calculus. All academic degrees and course work must be from accredited or pre-accredited institutions.
Quite a few of the people working at the USPTO are from Virginia Tech as it is one of the closer big schools. Examiner's are hamstrung, not by their own knowledge, but by legal requirements. KSR rationales have made it easier than the old TSM guidelines.
My 401k is looking pretty good (in the 6 figures and I've only worked 10 years). If anyone near retirement has much of their 401k or other portfolio in stocks, they are a fool.
On the otherhand I'm not planning on retiring for another 30-40 years so I don't care if I see a 30-40% drop. Gives me a chance to buy more stocks up for cheap as I have been putting away a few grand a month in cash expecting something like this to happen.
One more thing you may have missed in all the political theatre is that the Senate Democrats filabustered their own bill!
http://paul.senate.gov/?id=275&p=press_release
The debt deal was a manufactured crisis and everyone except the poitical class lost.
Actually the office wants to bring in outside experts.
The experts don't want to help. Why you might ask? Well they are worried that their knowledge might be used against them in their own applications.
Likewise the peer to patent project hasn't been all that successfull.
Patents are supposed to be non-obvious to an expert in the field. If that were actually enforced, I suspect 99% of patents would cease to exist.
It's not supposed to be non-obvious to an expert, rather to one of ordinary skill in the art. In some fields that might require PHd knowledge, others a high school education. Now that being said, how would you meet that standard? The examiner might say its obvious, but that is based on opinion. The applicant will say no its not, and bring a 1.132 declaration by a ton of experts saying it isn't.
Who is right if it is merely opinion?
"Not only does it cause the monopoly issue on the consumer end, patents are also the absence of collaboration. If you patent the cup, and I patent the ball, our society can never invent the cup-and-ball game. This notion is very prevalent in software, but it certainly isn't limited to software, it's just a bit more of a glaringly obvious example."
Actually you could patent it. The use of a cup and ball together is something new and may be considered a non-obvious variation and therefore patentable. Just add your own new twist and you can patent it or get around an exisiting patent.
Even if you were to end software patents, you would still have methods as a statutory class of invention. I must say that I am unsure what additional protection simply claiming a computer readable medium on which is stored software that preforms the same steps that the applicant claimed in a separate method claim actually provides.
If there is not enough information for one of ordinary skill in the art to make or use the invention, then the Examiner should be making an enablement rejection. If the examiner makes a successful rejection, the patent applicant would need to file a continuation in part to disclose the relevant missing information.
Note, in the software world, this doesn't mean you have to include code. There merely has to be enough disclosure that one familiar with the subject matter would know how to write the code corresponding to the patentable subject matter.
Huh?
When you file for a patent, your application is generally published 18 months after filing. This lets others improve upon your process. Likewise if you make an improvement to an existing patented process, which was not claimed in an existing patent your application may be considered novel and not infringe on the other patent.
Where was the option to buy a 50lbs bag of rice for 30 bucks? I lived off a 20lbs bag of rice for several months at one point in my life.
Why were the rent prices out of sync? Why wasn't there an option early on to live with friends/group home.
Why was there no option to start a side business? Hire myself out to preform a trade of some kind?
I ended the game with something like 1200 bucks. Then again I made choices where I didn't care regarding other people's perceptions of me.
If my parents were broke I would take them in. I imagine quite a few other people would do the same for their parents. Then again there are plenty of "selfish" americans who don't want to support their parents. Asian cultures seem to have multiple generations of families under one roof.
For those without children, it becomes more tricky. For the disabled, I think most people would likely agree that there needs to be some assitance beyond what charity can provide.
The problem is that if you are in reasonable health, your typical SS/medicare receipient can collect far more money than what they put into the system (let alone the fact that they could have earned more money on their investment if they had access to a government TSP account). The fact that you can't pass on this money to your dependents, other than a spouse, kind of sucks, but is required to keep the system running.
Thats what people seem to miss.
You had diesel rabbits in the 50's, geo's in the 50's and civics in the 50's.
They also weighed under 2000lbs. I would imagine if you could magically drop 1000lbs off your typical car sold in the US today you would see a sizable MPG gain.
The BIG three own or are owned by companies that produce high MPG vehicles in europe. its not like they need to do a ton of brand new R&D. Of course getting americans to buy those vehicles may be a bit tougher.
A sword fighting game using a mouse to control the sword would be pretty interesting.
Playing X-wing back in the day with a mouse was an exercise in frustration.
I'd be curious to know the religons makeup of countries which are experiencing high population growth. I don't think that india and china are anywhere near majority catholic. On the otherhand north america and south america had roughly equal population sizes in the 1950's and south america has had rapid growth.
Examiners get credit towards their quotas by saying no.
First action on a case gets 1.25 "counts" a final rejection gets .25 and a disposal gets .5 counts. see http://ipwatchdog.com/2010/02/26/uspto%E2%80%99s-new-examiner-count-system-go-into-effect/id=9310/
An examiner can get 2 counts if they allow it at the beginning but that is exceedingly rare as applicants usually make overly broad claims the first time around to get an idea of what art is out there. If the applicant gets an allowance from the start, then perhaps they did not claim enough and the patent is a weak patent in terms of value/protection.
Another reason that examiner's don't willy nilly allow cases the first time around is that there are multiple layers of review (depending on the art unit), even for primary (more senior examiners who approve their own work). The IP community has been at odds with this as these reviewers may come to a conclusion without ever having had any discussion with the applicant themselves.
One may not be aware that right now you have examiners examining outside their speciality in order to move cases out of overly backlogged areas (COPA). Sure this decreases the wait times, but applicants may recieve rejections that do not have the best possible art out there prolonging the process, leading to higher costs, and potentially worse patents for similiar reasons as those for brand new examiners examining cases with little oversight.
If one wants a better examination system look into the EPO and JPO processes. JPO rejections are super short and to the point, the US ones are not, as they spoon feed the applicant. Alternatively, have the courts and BPAI stringently enforce the broadest possible reasonable interpretation standard to be in line with the specification.
Yep thats exactly how it works.
Unless the prior art references have a touch screen why would anyone want to or need to utilize a gesture? The prior art never considers this problem. Now one of ordinary skill in the art may find utilizing a gesture and or touch screen to be an obvious improvement, but can they say so without utilizing hindsight?
true, but do they require gestures as required in claim 1?
Unfortunately for the USPTO, congress took 100 million when the 2011 budget finally passed.
http://www.postgrant.com/2011/04/uspto-budget-cuts-affect-patent-operations.html
How does germany hold on to its manufacturing jobs? Granted they aren't really making low cost commodities, which likely will move to wherever it is cheapest, but their manufacturing sector seems rather strong compared to the rest of europe. Likewise people around the world are still willing to pay more for a german washing machine (miele or bosch) or car.
Just curious as to your views.
New jersey has had traffic circles since the 20's.
http://en.wikipedia.org/wiki/List_of_traffic_circles_in_New_Jersey
I grew up with them, along with "jug handles". Out of staters seem to hate those, but they are great for making left hand turns.
The backlog would be helped by allowing the USPTO keep all the funds that are raised. This could mean hiring more examiners, allowing for overtime pay, contracting out PCT work so examiners can examine US filings, updating the IT system etc.
That is one portion of the bill.
I used to work technical sales, our comissions were 2.5%, same for the people who sold consulting.
Of course 10 years ago, our products ranged in price from $25,000-$200,000, people rarely bought the lowest priced item alone. Typical deals were in the $50,000-250k range.
I agree there. Way too much time is spent on the companions and their family's since they brought Dr Who back.