a design which simulates a well known, or naturally occurring object or person is not original as required by the statute.
A design is not the object itself, it is the ORNAMENTATION of the design. Apple is not getting a patent on the use of a trash can as an icon, but on the ornamentation of the trash can. The restriction on originality applies to the ornamentation - for example you could not use a picture of a person as the ornamentation applied to the trash can.
The criterea that you are trying to apply here would prevent any design patent on a design of a commonly used object.
"In addition, 35 U.S.C. 171 requires that a design to be patentable must be "original". Clearly a design which simulates a well known, or naturally occurring object or person is not original as required by the statute."
Clearly you have no concept of what a design is. Here is a definition that is useful in this case:
"A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture."
You are confusing the DESIGN or ornamentaion of the trash can with the actual trash can itself. What this statue prevents is use of a person's face or other unoriginal object as the design applied to the article of manufacture. For example, you could not patent a design for a trash can that consists of a picture of a trash can applied to the outside of the trash can.
Your interpitation of what a design is would prevent the issuance of a design patent on any article of manufacture, which is of course ridiculous.
Will the idiots at slashdot please cut it out with the Apple "Garbage" patent?
This is NOT a software patent, nor is a utility patent of ANY type. It is merely a design patent covering the appearence of the icon for crying out loud. Notice the D in the patent number??? It is there for a reason,
If slashdot is going to conduct a Jihad against patents, fine. That is their priviledge. But the FACT is that nobody is going to take slashdot seriously until they get somebody to review these articles for their factual content. Until then Slashdot is just a giant joke.
There have been other sources of laptops without Wondows installed, You just need to hunt around a bit. For example, a couple of years ago I was able to buy a Chembook 7000P from a dealer in the Valley. I am sure that there are other sources.
we started to enforce patents here so that our patents would be enforced by other countries.
That is not right at all. The US has never recognized foreign patents in any way shape or form. If you want to get patent coverage on an invention in the US you MUST obtain a US Patent.
What you are talking about is the situation where the US did not grant patents to foreign inventors, which is something elae entirely.
The way employment works in the US is that you are essentially allowed to do anything you want, except when it treads onto a few certain sacred cows - age discrimination, civil rights, handicapped or whatever is specifically protected in law.
I saw a joke once - "you can take a healthy white male under the age of 40 out into the parking lot and shoot him and be ok as far as employment law is concerned".
I can see it now - insurance companies are going to push operations to offshore, Doctors in Bangalore are going to be operating on American patients using telesurgery.
This is a design patent. See the D in front of the number. It doesn't have to do anything. The rules you are quoting are for a utility patent which is a totally different class of patents.
I can't believe this. Slashdot editors post these articles purporting to expose problems in the patent system, and they don't even know what a design patent is, or how it differs from a utility patent.
I cannot believe this site thinks it has ANY credibility whatsoever. It is a total farce.
Organic = carbon based, in chemical terms. There is synthetic organic stuff like the OLED materials, and natural organic stuff, like cow poop.
I often wear the hat of an organic chemist, and occasionally run into the idea that "organic chemist" is an oxymoron. Of course the confusing point is that the word organic is not really a synonym for "natural". The word organic has a broader set of meanings.
The US lost less than 300.000 solders in WWII. This is of course a terrible loss of life, but compared to other countries, the US suffered very little in WWII
Most of the numbers I've seen put the total at slightly over 400,000 KIA.
The US did get off lightly compared to Russia and Germany, however its loss of life is comparable to many of the European countries, and in many cases greater, even if you include civilians.
Here are some numbers for KIA in the various militaries.
USSR 12 million Poland 597,000 Germany 3.25 million Yugoslavia 305,000 Romania 450,000 Hungary 200,000 France 245,000 Italy 380,000 Great Britain 403,000 United States 407,000 Czechoslovakia 7,000 Holland 13,700 Greece 19,000 Belgium 76,000
However, nothing justifies the arrogance with which the US have treated the rest of the world lately.
Actually, Americans have had a chip on their shoulder regarding the European attitude towards the "Colonies" since the 18th century. It's quite instructive to read the writings of various authors from that period and later. If you want to talk about arrogance, do a little research and you will find the history of it in Europe is awesome indeed.
I am sure that the rest of the world is justified in their current feelings towards American attitudes, but don't harbor any illusions that this is a uniquely American phenomena.
I've lived and worked in Sweden and I just cant see how they can reach number 4.
The problem with these lists is that "best place to live" is a highly subjective thing, depending greatly on your personal goals and circumstances. If you are a druggy and want to sit around smoking weed all day I'm sure a place where MJ is decriminalized would rate higher. If you want to start a small business, a country favorable to small businesses would be ideal. Etc.
Unfortunately, the people who sign the checks don't so much care about clean HTML code as they do their pretty layout working in every browser they might use no matter how decrepit it is.
Nowadays I am finding a lot of clients who react positively to a discussion of how writing HTML 4.01 strict code saves them both development and maintence dollars.
That 2-3% of people using Netscape 4.0 etc. costs the client a lot of money to support.
Let's give Apple some credit here - they have only changed their UI design once in the 20 year history of the Mac. In fact they were routinely getting hammered by the computer press for having an outdated UI.
Actually several Arab countries have national healthcare and state sponsored higher education...
which is more than i can say for America...</i>
The question still remains, which is better?
The state run part of the education system in the US (elementary and secondary schools) is suffering. The private part (the universities) is as good or better than any in the world. The US has the highest percentage of people who get post secondary education in the world, by far. It's the reason that we are extremely competitive despite poor secondary/elementary education.
If we look at the health care system we have the definite problem of uninsured people. Clearly something needs to be done about this. On the other hand we also have a system that spends more per capita and more as a percentage of GDP on health care than any country in the world. This results in some extremely good health care care. Do we want to neglect this to cure the problems? I am not so sure.
If we invested this sort of money regularly in these countries, they'd feed *themselves*
I hadn't heard that the Middle East had any issues regarding money to buy food. In fact, don't some Middle Eastern countries have a higher per capita income than the US?
They *do* have sunshine, soil, water and seed.
They could use more water from what I've heard. But they have plenty of oil.
Slashdot Mirror
a design which simulates a well known, or naturally occurring object or person is not original as required by the statute.
A design is not the object itself, it is the ORNAMENTATION of the design. Apple is not getting a patent on the use of a trash can as an icon, but on the ornamentation of the trash can. The restriction on originality applies to the ornamentation - for example you could not use a picture of a person as the ornamentation applied to the trash can.
The criterea that you are trying to apply here would prevent any design patent on a design of a commonly used object.
"In addition, 35 U.S.C. 171 requires that a design to be patentable must be "original". Clearly a design which simulates a well known, or naturally occurring object or person is not original as required by the statute."
Clearly you have no concept of what a design is. Here is a definition that is useful in this case:
"A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture."
You are confusing the DESIGN or ornamentaion of the trash can with the actual trash can itself. What this statue prevents is use of a person's face or other unoriginal object as the design applied to the article of manufacture. For example, you could not patent a design for a trash can that consists of a picture of a trash can applied to the outside of the trash can.
Your interpitation of what a design is would prevent the issuance of a design patent on any article of manufacture, which is of course ridiculous.
Will the idiots at slashdot please cut it out with the Apple "Garbage" patent?
This is NOT a software patent, nor is a utility patent of ANY type. It is merely a design patent covering the appearence of the icon for crying out loud. Notice the D in the patent number??? It is there for a reason,
If slashdot is going to conduct a Jihad against patents, fine. That is their priviledge. But the FACT is that nobody is going to take slashdot seriously until they get somebody to review these articles for their factual content. Until then Slashdot is just a giant joke.
There have been other sources of laptops without Wondows installed, You just need to hunt around a bit. For example, a couple of years ago I was able to buy a Chembook 7000P from a dealer in the Valley. I am sure that there are other sources.
we started to enforce patents here so that our patents would be enforced by other countries.
That is not right at all. The US has never recognized foreign patents in any way shape or form. If you want to get patent coverage on an invention in the US you MUST obtain a US Patent.
What you are talking about is the situation where the US did not grant patents to foreign inventors, which is something elae entirely.
The majority of R&D has been done by the US government, not by corporations.
Wrong. In the US 70% of R&D funding is done by corporations.
http://www.nsf.gov/sbe/srs/databrf/sdb99357.htm
The way employment works in the US is that you are essentially allowed to do anything you want, except when it treads onto a few certain sacred cows - age discrimination, civil rights, handicapped or whatever is specifically protected in law.
I saw a joke once - "you can take a healthy white male under the age of 40 out into the parking lot and shoot him and be ok as far as employment law is concerned".
I can see it now - insurance companies are going to push operations to offshore, Doctors in Bangalore are going to be operating on American patients using telesurgery.
This is a design patent. See the D in front of the number. It doesn't have to do anything. The rules you are quoting are for a utility patent which is a totally different class of patents.
Come on guys.
I can't believe this. Slashdot editors post these articles purporting to expose problems in the patent system, and they don't even know what a design patent is, or how it differs from a utility patent.
I cannot believe this site thinks it has ANY credibility whatsoever. It is a total farce.
Hems, Taco, crisd et al - GET A CLUE.
Organic = carbon based, in chemical terms. There is synthetic organic stuff like the OLED materials, and natural organic stuff, like cow poop.
I often wear the hat of an organic chemist, and occasionally run into the idea that "organic chemist" is an oxymoron. Of course the confusing point is that the word organic is not really a synonym for "natural". The word organic has a broader set of meanings.
I'm sorry, I didn't see any numbers regarding Canadian losses there...
Sorry, the numbers weren't in the table I copied. Other sources indicate about 40,000.
Igor can be annoying at times, but the fact of the matter is that it doesn't run out of gas when you need something sophisticated.
Since you are a student I'd recommend taking the student license which from what I remember is fairly reasonable.
The US lost less than 300.000 solders in WWII.
This is of course a terrible loss of life, but compared to other countries, the US suffered very little in WWII
Most of the numbers I've seen put the total at slightly over 400,000 KIA.
The US did get off lightly compared to Russia and Germany, however its loss of life is comparable to many of the European countries, and in many cases greater, even if you include civilians.
Here are some numbers for KIA in the various militaries.
USSR 12 million
Poland 597,000
Germany 3.25 million
Yugoslavia 305,000
Romania 450,000
Hungary 200,000
France 245,000
Italy 380,000
Great Britain 403,000
United States 407,000
Czechoslovakia 7,000
Holland 13,700
Greece 19,000
Belgium 76,000
But most of that gets lost in Hollywood hype and its rewriting of history. Remember the time Americans recovered an Enigma machine?
Oh baloney. Nobody ever said that U-571 was supposed to be a documentary. It was clearly labelled as fictional.
My Dad served in the Navy in WWII and he was laughing at some of the stuff that occurred in the movie. Totally unrealistic.
If you are interested, here is the actual history:
http://www.history.navy.mil/faqs/faq97-1.htm
However, nothing justifies the arrogance with which the US have treated the rest of the world lately.
Actually, Americans have had a chip on their shoulder regarding the European attitude towards the "Colonies" since the 18th century. It's quite instructive to read the writings of various authors from that period and later. If you want to talk about arrogance, do a little research and you will find the history of it in Europe is awesome indeed.
I am sure that the rest of the world is justified in their current feelings towards American attitudes, but don't harbor any illusions that this is a uniquely American phenomena.
So does this work imply improved performance for JVM's. CLI's and other such virtual macine environments?
I've lived and worked in Sweden and I just cant see how they can reach number 4.
The problem with these lists is that "best place to live" is a highly subjective thing, depending greatly on your personal goals and circumstances. If you are a druggy and want to sit around smoking weed all day I'm sure a place where MJ is decriminalized would rate higher. If you want to start a small business, a country favorable to small businesses would be ideal. Etc.
Unfortunately, the people who sign the checks don't so much care about clean HTML code as they do their pretty layout working in every browser they might use no matter how decrepit it is.
Nowadays I am finding a lot of clients who react positively to a discussion of how writing HTML 4.01 strict code saves them both development and maintence dollars.
That 2-3% of people using Netscape 4.0 etc. costs the client a lot of money to support.
I realize it took more than two years before you guys pitched in against Hitler, but that was different.
Good thing we finally did. What were you going to do? Invade Europe with hockey sticks, softwood lumber and beer?
apple
Let's give Apple some credit here - they have only changed their UI design once in the 20 year history of the Mac. In fact they were routinely getting hammered by the computer press for having an outdated UI.
Actually several Arab countries have national healthcare and state sponsored higher education...
which is more than i can say for America...</i>
The question still remains, which is better?
The state run part of the education system in the US (elementary and secondary schools) is suffering. The private part (the universities) is as good or better than any in the world. The US has the highest percentage of people who get post secondary education in the world, by far. It's the reason that we are extremely competitive despite poor secondary/elementary education.
If we look at the health care system we have the definite problem of uninsured people. Clearly something needs to be done about this. On the other hand we also have a system that spends more per capita and more as a percentage of GDP on health care than any country in the world. This results in some extremely good health care care. Do we want to neglect this to cure the problems? I am not so sure.
If we invested this sort of money regularly in these countries, they'd feed *themselves*
I hadn't heard that the Middle East had any issues regarding money to buy food. In fact, don't some Middle Eastern countries have a higher per capita income than the US?
They *do* have sunshine, soil, water and seed.
They could use more water from what I've heard. But they have plenty of oil.
it seems they have more in common with us Americans than we thought...
At least when your door is getting kicked in your KNOW that a government intrusion is going down.
This ought to make for some interesting device drivers and kernel patches.
.mil addresses submitting kernel patches --
I can see it now on the Kernel mailing list - a bunch of new developers with
Hey Linus - this one gives improved target acquisition for the Patriot II antimissle. If you want you can come see the live tests in Iraq.