jm + prior-art   3

Crowdfunding Backer Patented My Project
I had thought thought all along that if we published everything openly, it wouldn’t be possible for someone else to patent stuff that’s already all over the web.  But I was wrong. Despite tons of prior art out on the web, in academic research papers and even for sale that are LED stickers, the patent examiner missed it and deemed the LED sticker patent “new” and “non-obvious.”  

How could that happen?  The sad truth is that patents are approved all that time that probably shouldn’t be.
[...]

Can’t you invalidate the patent? Unfortunately, once a patent gets issued things get much more complicated and expensive. The cheapest option would be for us to go to the USPTO with our prior art list and invalidate the patent though a process called an inter partes review (IPR).  But such a process typically costs between $300,000 and $600,000 to file due to legal fees. In fact, it’s much more than the cost of getting the patent in the first place! So for now, we’ve decided not to go down this route.


The US patent system is broken. This is appalling
patents  led-stickers  uspto  prior-art  invention  crowdfunding 
16 days ago by jm
HP is trying to patent Continuous Delivery
This is appalling bollocks from HP:
On 1st March 2015 I discovered that in 2012 HP had filed a patent (WO2014027990) with the USPO for ‘Performance tests in a continuous deployment pipeline‘ (the patent was granted in 2014). [....] HP has filed several patents covering standard Continuous Delivery (CD) practices. You can help to have these patents revoked by providing ‘prior art’ examples on Stack Exchange.

In fairness, though, this kind of shit happens in most big tech companies. This is what happens when you have a broken software patenting system, with big rewards for companies who obtain shitty troll patents like these, and in turn have companies who reward the engineers who sell themselves out to write up concepts which they know have prior art. Software patents are broken by design!
cd  devops  hp  continuous-deployment  testing  deployment  performance  patents  swpats  prior-art 
march 2015 by jm
The America Invents Act: Fighting Patent Trolls With "Prior Art"
Don Marti makes some suggestions regarding the America Invents Act: record your work's timeline; use the new Post-Grant Challenging process; and use the new "prior user" defence, which lets you rely on your own non-public uses.
many of the best practices for tracking new versions of software and other digital assets can also help protect you against patent trolls. It’s a good time to talk to your lawyer about a defensive strategy, and to connect that strategy to your version control and deployment systems to make sure you’re collecting and retaining all of the information that could help you under this new law.
swpats  patent-trolls  patenting  us  prior-art 
march 2013 by jm

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