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Users that often use this tag:
jeffburdges (12)
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Just because you used a computer doesn't make your idea new.

We hold that the claims at issue are drawn to the abstract idea of intermediated settlement, and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention.
...
We must first determine whether the claims at issue are directed to a patent-ineligible concept. We conclude that they are.
The United States Supreme Court has ruled 9-0 [pdf], invalidating many but by no means all software patents, in Alice v CLS Bank. [more inside]
posted by atbash on Jun 19, 2014 - 57 comments

For great justice

Tesla Motors announced today that the company will no longer defend its patent portfolio, on the heels of an earlier announcement that the company would open up the designs and specifications for its "supercharger" system.
posted by schmod on Jun 12, 2014 - 80 comments

Figure N is an isometric view of the middle finger of his right hand.

Tranform any text into a patent application
posted by Jpfed on May 12, 2014 - 11 comments

Crowd-sourcing patent searches

"There are a lot of people complaining about lousy software patents these days. I say, stop complaining, and start killing them. It took me about fifteen minutes to stop a crappy Microsoft patent from being approved. Got fifteen minutes? You can do it too." Software Patents previously: 1 2 3 4. Joel Spolsky previously: 1 2
posted by OnceUponATime on Jul 22, 2013 - 34 comments

All Ur DNA Base R Belong To U

"We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," Justice Clarence Thomas writes in the court's decision following a unanimous ruling in the case of Association for Molecular Pathology et al. v. Myriad Genetics, Inc., et al.. "Myriad did not create or alter either the genetic information encoded in the BCRA1 and BCRA2 genes or the genetic structure of the DNA. It found an important and useful gene, but groundbreaking, innovative, or even brilliant discovery does not by itself satisfy the §101 inquiry." [more inside]
posted by Hairy Lobster on Jun 13, 2013 - 100 comments

Not So Evergreen

"India's supreme court has ruled against Swiss drug giant Novartis in a landmark case that activists say will protect access to cheap generic drugs in developing nations." [more inside]
posted by vidur on Apr 1, 2013 - 15 comments

"Our preferred policy solution is to abolish patents entirely"

"The historical and international evidence suggests that while weak patent systems may mildly increase innovation with limited side effects, strong patent systems retard innovation with many negative side effects."   "innovations leading to the creation of a new industry .. is seldom, if ever, born out of patent protection and is instead the fruit of a competitive environment."  — Boldrin and Levine. The Case Against Patents. J. Economic Perspectives. (huffpo)
posted by jeffburdges on Feb 6, 2013 - 84 comments

Baby Got Brooms

Quirky (previously) is a design and manufacturing website for inventors. In 2010, one of their users, Bill Ward, came up with an idea for a dustpan called the Broom Groomer with a comb-like edge for cleaning off all the dustbunnies and stuff that builds up on your broom. Turns out, gadget company OXO came out with a very similar design in 2012 called the Upright Sweep Set. Last week, the folks at Quirky staged a protest and paid for a billboard that accused OXO of ripping off their design. OXO responds on their blog with a mini-lesson on patents and international intellectual property rights.
posted by 23skidoo on Jan 27, 2013 - 77 comments

The iEconomy

The iEconomy: Apple and Technology Manufacturing. Since January, the New York Times has been running a series of articles "examining the challenges posed by increasingly globalized high-tech industries," with a focus on Apple's business practices. The seventh article in the series was published today: In Technology Wars, Using the Patent as a Sword. Related: For Software, Cracks in the Patent System and Fighters in the Patent War. [more inside]
posted by zarq on Oct 8, 2012 - 16 comments

"Some industry group had managed to put up a poster across the entire door, urging them to vote for adoption"

ACTA's final E.U. committee meeting has some amusing anecdotes. [more inside]
posted by jeffburdges on Jun 21, 2012 - 6 comments

Makers of All Things

3D printing can now make replacement jaws, thousands of user-designed widgets, electromechanical computers - but also ATM skimmer fronts, handcuff keys and gun parts. But can you own the shape of a thing? (Previously on the Blue.)
posted by Zarkonnen on Jun 1, 2012 - 40 comments

Bad day for Oracle

Following a jury finding that Google had not infiringed upon Oracles patents, a development described as a near disaster for the database company, Judge William Aslup has ruled that the Java APIs cannot be copyrighted. That leaves Oracle with only the 9 lines of rangeCheck code and a handfull of decompiled test files to show for the massivecourt case. CEO Larry Ellison remains confident, claiming that the aquisition of Java creator Sun has still paid for itself.
posted by Artw on Jun 1, 2012 - 45 comments

PHOTON PUSH-PULL RADIATION DETECTOR FOR USE IN CHROMATICALLY SELECTIVE CAT FLAP CONTROL AND 1000 MEGATON EARTH-ORBITAL PEACE-KEEPING BOMB

PHOTON PUSH-PULL RADIATION DETECTOR FOR USE IN CHROMATICALLY SELECTIVE CAT FLAP CONTROL AND 1000 MEGATON EARTH-ORBITAL PEACE-KEEPING BOMB by prolific inventor Arthur Paul Pedrick [more inside]
posted by East Manitoba Regional Junior Kabaddi Champion '94 on May 4, 2012 - 38 comments

Nook finds it's niche

Barnes and Noble is spinning off Nook into a subsidiary business after a $300M deal with Microsoft which gives the Redmond company a 17% stake, bringing an end to a patent dispute between the two companies and sending shares skyrocketing. Commentary from John Scalzi and Tobias Buckell. Meanwhile the Kindle Fire, Amazon's competitor to the Nook tablet, has grabbed over 50% of the Android tablet market.
posted by Artw on May 1, 2012 - 91 comments

A patent on speech

Dana Nieder explains how an ACC patent fight may substantially delay her daughter learning to speak. [more inside]
posted by jeffburdges on Mar 26, 2012 - 125 comments

How Yahoo Weaponized My Work

A Patent Lie: How Yahoo Weaponized My Work by [MeFi's own] waxpancake, aka Andy Baio.
posted by stavrosthewonderchicken on Mar 13, 2012 - 97 comments

Non à ACTA

Anti-ACTA protests have begun around Europe after the secret treaty was signed in Tokyo last Friday. Activists have planned larger protests for Saturday 11 February. The European Parliament will formally consider ACTA in June. (previously) [more inside]
posted by jeffburdges on Feb 3, 2012 - 40 comments

China radically increases patent filings

China became the world's top patent filer in 2011, issuing 58% of global intellectual property filings. [more inside]
posted by jeffburdges on Dec 23, 2011 - 49 comments

Battle at Troll Bridge

Apple has adopted new tactics in its patent war against the handheld industry. Last summer, Apple has transferred patents to the patent troll Digitude Innovations, using a shell company operated by Digitude's primary investor, Altitude Capital Partners. In December, Digitude filed suit with the International Trade Commission alleging patent infringement by almost every mobile manufacturers except Apple. (pdf filing) [more inside]
posted by jeffburdges on Dec 11, 2011 - 79 comments

Medical Patents

Prometheus Labs v. Mayo Clinic has the potential to make decision procedures about medical treatment patentable. [more inside]
posted by jeffburdges on Dec 8, 2011 - 29 comments

Never believe any copyright over five

Amelia Andersdotter of Sweden's Pirate Party (Piratpariet) will finally become the youngest ever member of the European Parliament this December. [more inside]
posted by jeffburdges on Nov 25, 2011 - 19 comments

What if Tim Berners-Lee Had patented HTML?

Francis Gurry, the Director of the UN's WIPO, claims the web would have been better if Tim Berners-Lee had patented HTML and licensed it. He does so on camera and in front of shocked members of the Internet Society and CERN. Ironically, exactly this thought experiment came up for the web's 20th birthday on this August 6th.

For a more rigorous perspective, three Boston University School of Law faculty have shown that lawsuits by non-practicing entities, aka patent trolls, have cost technology companies half a trillion dollars of lost wealth over the past two decades, with little benefit to small inventors, instead reducing the incentive to innovate. [more inside]
posted by jeffburdges on Oct 9, 2011 - 80 comments

ACTA

The once-secret Anti-Counterfeiting Trade Agreement (ACTA) slouches toward signing on Saturday. ACTA is expected to raise constitutional issues in the U.S., raise soverenty issues in the E.U., give copyright holders extensive powers to impose DRM and identify alleged infringers, and increase health risks worldwide. In addition, the U.S. has launched the Trans Pacific Partnership agreement (TPP) to obtain what copyright provisions were stripped from ACTA. (see michaelgeist.ca, techdirt, or slashdot) [more inside]
posted by jeffburdges on Sep 28, 2011 - 44 comments

Software patents in Europe

Europe's 'unitary patent' could impose software patents warns RMS. German courts have recently moved towards software patents upholding a patent on the automatic generation of structured documents in a client-server setting, i.e. XML, HTML, etc. (recently : the U.S. patent war)
posted by jeffburdges on Aug 22, 2011 - 31 comments

Also, patent trolls suck hairy donkey balls

Drew Curtis' FARK.com has settled a lawsuit with a patent troll. The popular "not news" site was sued by "Gooseberry Natural Resources LLC" which held a ridiculous broad patent (6,370,535) that it claimed covered the basic concept of generating a press release online. Other sites targeted included Reddit, Digg, Slashdot, TechCrunch & Others. In the case of Fark, the suit was settled for $0. Curtis writes, "I paraphrased our best one-time settlement offer as "how about jack sh*t and go f*ck yourself."
posted by furiousxgeorge on Aug 10, 2011 - 79 comments

Parent reform? LOL

Is patent reform even possible? [more inside]
posted by jeffburdges on Aug 4, 2011 - 106 comments

Consider the following...

Bill Nye, the-Sci-ence Guy
Biill Nyye, the Science Guuy
Bill! Bill! Bill! Bill! Bill! Bill!
Bill Nye, the-Sci-ence Guy
(Science rules)
Bill Nye, the-Sci-ence Guy
(Inertia is a property of matter)
Bill, Bill, Bill, Bill-Bill-Bill-
Biill Nyye, the Science Guuy
Bill! Bill! Bill! Bill! Bill! Bill! Bill! Bill! Bill! Bill!
(T-minus seven seconds)
Bill Nye, the-Sci-ence Guy

[more inside]
posted by troll on Aug 4, 2011 - 101 comments

When Patents Attack

When Patents Attack. The team at PRI's This American Life and NPR's Planet Money bring you an hour long look into the growing "Mafia War" around software patents. Diving into the corporate filings, patent acquisitions, and office locations of Nathan Myrhvold's Intellectual Ventures and it's shell companies, Laura Sydell and Alex Blumburg uncover a disturbing protection scheme which threatens to undermine the competitiveness of the US tech industry[pdf]. [more inside]
posted by Popular Ethics on Jul 28, 2011 - 123 comments

Your teacup is infringing on mine. Nu-uh, I remixed it.

Cheap 3D printing has the potential to change the way we produce and consume objects in the same way the cheap PCs and the internet changed the way we produce and consume information. Once again it is hobbyists and university labs who are democratizing the technology. They are looking forward to the day when anyone can make designer bath fixtures, functional appliances, custom surgical implants, or even business opportunities at the click of a button.

However some are warning that overly broad patents could derail the whole revolution. Even more worrisome is the prospect that existing IP law is completely unprepared for a future where the cost boundary between ideas and physical objects has crumbled. Will commercial interests demand a crack down on "pirated" printouts? Will Open Source manufacturing bring about a Star Trekian utopia? It's hard to predict what will happen when everything is commodified.
posted by Popular Ethics on Apr 16, 2011 - 98 comments

Monopoly is as monopoly does

Why Is Microsoft Seeking New State Laws That Allow it to Sue Competitors For Piracy by Overseas Suppliers?
posted by T.D. Strange on Mar 24, 2011 - 41 comments

Like Democracy Itself, It Needs Defending

Long Live the Web — An impassioned plea to actively support openness on the Web from Tim Berners-Lee. [more inside]
posted by netbros on Nov 19, 2010 - 8 comments

"You Can't Patent Nature"

Followup to this post: A US District Court has ruled that Myriad Genetic's patents on breast cancer genes BRCA1 and BRCA2, which allow them to hold exclusive rights to a widely used genetic test for inherited breast and ovarian cancer susceptibility, are invalid. Genomics Law Report analyzes the ruling in two posts. The decision is likely to be challenged in a legal appeal — but if upheld, it could have huge implications for the biotechnology industry. [more inside]
posted by zarq on Mar 31, 2010 - 51 comments

The new browser video wars

The <video tag>, as defined by the HTML5 spec, is an element "used for playing videos or movies". Which codec those videos or movies are in is currently undefined, with the two contenders being the free open source Ogg Theora and the proprietary H.264. With the unveiling of Internet Explorer 9 both Microsoft and Apple are supporting H.264 in their browsers, and comparisons of the standards seem to bear out H.264 as the better of the two. However Mozilla have taken a stance against incorporating H264 into Firefox on the grounds that it is patented and has to be licensed. Arguments are now being made for and against Mozilla sticking to its ideals. John Gruber of Daring Fireball points out that Firefox already supports proprietary formats such as GIF. Um, perhaps not the best example.
posted by Artw on Mar 21, 2010 - 140 comments

Apple Sues HTC for Patent Infringement

Apple sues smartphone manufacture HTC for patent infringement. Digital Daily has the court filings, and includes a list of popular HTC Android and Windows Mobile phones targeted in the concurrent ITC Complaint to block importation of those devices into the US. Engadget has a little more information, including HTC's initial response. Listed patents are all seemingly software patents, a controversial area of patent law. (via Daring Fireball)
posted by 6550 on Mar 2, 2010 - 126 comments

19th Century Patents -- 200 Years Later

The Supreme Court is hearing arguments on the appeal of two "math geeks" who were denied a patent for a business method they developed for utility companies. This is one of the most watched cases of the Supreme Court term, drawing some 67 briefs. Although the patent office has recognized that business methods can be patented, it is not clear whether patents, developed to protect innovations like machines and transformative processes, are available for 21st century inventions such as software.
posted by bearwife on Nov 9, 2009 - 98 comments

Because human operators are used...

Voicemail-to-text firm Spinvox strenuously denied accusations that they infringed privacy standards by actually having the voicemails transcribed by human operators in low-wage countries. [more inside]
posted by Skeptic on Jul 29, 2009 - 49 comments

Do they preserve scientific transparency, protect profits or both?

On behalf of medical organizations, universities, & individual patients, pathologists and genetics researchers, the ACLU has filed a lawsuit against Utah-based Myriad Genetics and the US Patent and Trademark Office. Myriad holds the US patents to the BRCA1 and BRCA2 genes, associated with hereditary causes of breast and ovarian cancers. Their patents guarantee the company the right to prevent anyone else from testing or studying those genes, which the ACLU says is unconstitutional and inhibits researchers from finding treatments and cures. [more inside]
posted by zarq on May 13, 2009 - 64 comments

Ig Nobel

Professor Luc Montagnier, 2008 Nobel Prize Laureate for Medicine, is no stranger to controversy. Recently, he has been touting his approval for the ignominiously debunked "water memory" theories of the late French immunologist Dr. Jacques Benveniste. This is not altogether surprising, given that Montagnier has filed a patent application for a method for characterising "biologically active biochemical elements" based on Benveniste's more outlandish theories. But there's more... [more inside]
posted by Skeptic on Mar 15, 2009 - 13 comments

Free Parking

A games and economic theory argument against intellectual property. Watt's on first in academic paper.
posted by klangklangston on Jun 21, 2007 - 42 comments

The end of one-click patents?

The end of one-click patents? The Supreme court recently handed down a decision in the case of KSR v. Teleflex requiring courts to use "common sense" in determining what is an is not "Obvious" and therefore not patentable. According to SCOTUSblog, this will greatly affect "combination" patents that involve combining two already existing ideas in a new way.
posted by delmoi on May 9, 2007 - 32 comments

My Patent Is More Famous Than Your Patent

Google Patent Search can be a gold mine for a historical trivia. See the design for bucket seats patented by Steve McQueen, the secret communication system co-created by Hedy Lamarr that paved the way for the frequency hopping used by modern cell phones, the disposable infant garment made by Jamie Lee Curtis, the interactive music generation system made by Thomas Dolby of "She Blinded Me With Science" fame, and other unusual celebrity patents made by inventors that range from Abraham Lincoln to Zeppo Marx.
posted by jonp72 on Apr 7, 2007 - 15 comments

I (Y)am The Genius

Yoshiro Nakamatsu aka Dr. NakaMats has invented everything, other than all the other stuff that the rest of us have invented. He has 3218 patents to his name. (Edison had 1093.) Among his many inventions? The compact disc, the compact disc player ('natch), the digital watch, a unique golf putter, the floppy disk (!), and a water-powered engine. Besides being the founder of the World Genius Convention (where the world first learned of ingenuity of ADR ceramic disks, for instance), Dr. NakaMats was voted by the US Science Academic Society as one of five greatest scientists in history - in the company of Archimedes, Michael Faraday, Marie Curie, and Nikola Tesla - and he plans to live until 144!
posted by humannaire on Feb 23, 2007 - 27 comments

divide and conquer

Math gets a patent.
"The field of invention relates generally to performing division operations using processing components and, more specifically but not exclusively relates to techniques for performing efficient software-based integer division using reciprocal multiplication."
posted by The Jesse Helms on Jul 13, 2006 - 33 comments

Corporate Influence

Was U.S. Patent Number 7,000,000 reserved for DuPont? The USPTO issues utility patents every Tuesday. Patent numbers are normally assigned sequentially first to the week's general and mechanical inventions, next to chemical inventions , and finally to electrical inventions. In the Official Gazette (OG) published on February 14th, there was gap in the list of the list of electrical patents where the patent number 7,000,000 was supposed to be. And at the very end of the list of chemical patents you find U.S. Patent 7,000,000 assigned to E. I. du Pont de Nemours and Company of Wilmington, Delaware. Just random chance, I wonder, or perhaps just another indication of the ability of corporations to influence U.S. government agencies?
posted by three blind mice on Feb 28, 2006 - 40 comments

Patenting a Plot

Can you patent a plot? On Tuesday, the USPTO published an application for patent that is certain to test the limits of the USPTO's authority to grant or deny a patent. It is also an interesting exercise in self-promotion. U.S. Patent Application 20050244804 entitled "Process of relaying a story having a unique plot" is the brainchild of Andrew Knight, a registered U.S. Patent Agent. Mr. Knight is a principle in Knight and Associates a patent attorney firm who bill themselves as "[...] the first patent prosecution firm to attempt to obtain utility patent protection on fictional plots." Forbes Magazine described them as box office patents. It is part serious attempt, part parody on the wobbly state of the patent system and the entertainment industry, and part shameless act of self promotion. Very rock and roll.
posted by three blind mice on Nov 3, 2005 - 77 comments

Kobayashi Maru, what do you do?

Taiwan ignores drug patent - To save its people from a dangerous flu, Taiwan is synthesizing a vaccine without permission. This bears a striking resemblance to a classic moral dilemma of Kohlberg's stages of moral development. Kohlberg's theory is not without criticism, including gender bias, Western-centric thinking, and external validity. Simply knowing a person's decision doesn't tell you about their stage of development; you have to know the reasoning behind it, which is hard to come by in real world situations. Conversely, knowing a person's stage of moral development (even harder to come by in the real world) does not reliably predict their decision (moreso at the higher levels). Nor does Kohlberg's theory scale to what choices societies themselves make. Decision Making is a booming field of research, but how much research is being done on morality and group decision making? Not much. (initial article via /.)
posted by Eideteker on Oct 22, 2005 - 33 comments

Industrial Design

Patent Room is a collection of early 20th Century industrial design culled from the archives of the U.S. Patent Office, featuring architecture, automobiles, toys, and trains.
posted by crunchland on Aug 3, 2005 - 11 comments

European Parliament rejects software patent

European Parliament rejects software patenting..and by a large politically crushing majority of 648 votes vs 14. This is a great measurable success for organization like Foundation for a Free Information Infrastructure whose members, supporters and sympathizers have fought against the insane idea of software patent for more then four years (more info on euro software patents on the organization site).
posted by elpapacito on Jul 6, 2005 - 31 comments

Open Source Biology

BIOS-Biological Innovation for Open Society is an open source biotechnology initiative based in Australia. Along with its parent organization CAMBIA, it aims to foster a "protected commons" for scientific information and technology. Tools and techniques are shared, and can be improved and repackaged, just like in open source software.
posted by OmieWise on Mar 4, 2005 - 2 comments

New and...improved?

U.S. Denies Patent for a Too-Human Hybrid - what happens when your DNA violates a patent? Not sure where to begin on this one.
posted by FormlessOne on Feb 13, 2005 - 12 comments

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