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Reader Voices: Dumb Patents

By Ed Foster, Section The Gripelog
Posted on Tue May 25, 2004 at 11:07:59 AM PDT

Is there any idea so old and unoriginal that you can’t get a patent on it? My recent column about software and "business method" patents had some readers suspecting there isn’t.


"Every day seems to bring news about another 'patent portfolio management firm' demanding their payola," lamented one reader. "Most of the time, the patent the company acquired is for an 'invention' that existed decades before it was granted, and the 'inventor' had nothing to do with bringing it to market. The patent system was meant to encourage innovation -- instead, it now has the very opposite effect."

"Patenting an obvious idea is only the first step," noted another reader. "Next, you have to publicize your patent as little as possible, wait for everyone else to start using it, and once it's firmly entrenched and would be a major burden to remove, then you step in waving your patent and demanding royalties. Now I know what you're thinking, but you're entirely wrong. This is called ‘protecting your intellectual property.’ We don't use the word ‘extortion’ around here."

But some readers were inspired to consider what old ideas they might want to patent themselves. "I intend to patent all vowels expressed in English. You may continue your column either in a language other than English, or in English without the use of vowels. An inexpensive vowel license can be purchased in advance of my patent and copyrights, by sending an agreed upon amount in small denominations of American currency. Gold bullion is also acceptable."

He had better hurry, though, because only a few minutes later another reader e-mailed that "I am currently trying to copyright and patent the English language and alphabet. Think how rich I will be! But wait! Wouldn't I be richer if I could get a patent on ‘visual technology for conveying the language’ -- that is, all alphabets, hieroglyphic and symbol systems, etc. Wow! I've got some forms to fill out!"

< No Joke for Visio Customer | Permission to Spy >


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Reader Voices: Dumb Patents | 5 comments (5 topical) | Post A Comment
Really dumb patents[ Reply to This ] (none / 0) (#1)
by sconeu on Tue May 25, 2004 at 12:36:28 PM PDT

Someone in AU allegedly got a patent on the wheel.

Some patent lawyer in the US got his kid a patent on "swinging sideways" on a swingset.

Then there's the ever-popular "Method of Exercising a Cat" (with a laser pointer) patent.

--
I am not merely a "consumer" or a "taxpayer". I am a Citizen of the United States of America.
[ Reply to This ]



More info on the stupid patents above[ Parent | Reply to This ] (none / 0) (#2)
by sconeu on Tue May 25, 2004 at 06:46:36 PM PDT

Method of exercising a cat:  US Patent 5,443,036

Method of Swinging on a Swing: US Patent 6,368,227

Aussie Wheel Patent (CNN story).

--
I am not merely a "consumer" or a "taxpayer". I am a Citizen of the United States of America.
[ Parent | Reply to This ]



It's High time to Eliminate Paper Patents[ Reply to This ] (none / 0) (#3)
by John Tamburo from MBFS on Wed May 26, 2004 at 07:47:29 AM PDT

When one registers a trademark, he or she loses the right to protect it unless the mark is used in interstate commerce within 1 year of its registration. In fact, use in commerce is much more important to trademark rights than registration!

So it should be for patents. If one gets a patent, one must use it in commerce by manufacturing the invention within a year -- or lose it. The only exception would be prescription drugs, which would end the year counting at the point the application to the FDA was submitted.

I would go further and suggest that the law be further changed so that if one patents something obvious and then tries to sue to hijack royalties, the patent be invalidated, and the patent holder be made to pay all of the court costs and attorney fees of the victims. Nobody should be allowed to patent software algorithms already in use; the end result is the stifling of innovation.

Whatever is done, something must be done.

Thanks
John

[ Reply to This ]



Gold Fever[ Reply to This ] (none / 0) (#4)
by Anonymous User on Tue Jun 01, 2004 at 01:50:23 PM PDT

Any time someone discovers a way for EASY MONEY, it becomes like a wild fire, consuming everything in it's path. From the Gold Fever of the 49'ers around the beginning of the 20th century to the Internet Bubble (including the Domain name Hogs) in the post new millenia, techno-goldiggers are rediscovering the possibliltiy of much riches attainable through patent rights. With all the BS out there dealing with ludicrous patents, Does anyone hold a patent on Manure? If someone does hold such a patent, they should be pursuing royalties from patent-seeking "intellectual rights" crusaders who are so FULL OF IT!!!

[ Reply to This ]


FTC is looking into this.[ Reply to This ] (none / 0) (#5)
by sconeu on Thu Jun 03, 2004 at 01:41:31 PM PDT

According to the BBC, the FTC will be looking into how the USPTO operates.

--
I am not merely a "consumer" or a "taxpayer". I am a Citizen of the United States of America.
[ Reply to This ]



Reader Voices: Dumb Patents | 5 comments (5 topical) | Post A Comment
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