jm + uspto   8

These experts figured out why so many bogus patents get approved | Ars Technica
A recent paper published by the Brookings Institution offers fascinating insights into this question. Written by legal scholars Michael Frakes and Melissa Wasserman, the paper identifies three ways the patent process encourages approval of low-quality patents:

The United States Patent and Trademark Office (USPTO) is funded by fees—and the agency gets more fees if it approves an application.

Unlimited opportunities to refile rejected applications means sometimes granting a patent is the only way to get rid of a persistent applicant.

Patent examiners are given less time to review patent applications as they gain seniority, leading to less thorough reviews.

None of these observations is entirely new. For example, we have covered the problems created by unlimited re-applications in the past. But what sets Frakes and Wasserman's work apart is that they have convincing empirical evidence for all three theories.

patents  uspto  swpats  brookings-institution  patenting  law 
january 2018 by jm
Ludicrous Patent of the Week: Rectangles on a computer screen
"Chinese internet giant Tencent" have been granted a USPTO patent for drawing a box on a screen.
boxes  screen  tencent  patents  uspto  funny  absurd  swpats  via:markdennehy 
october 2016 by jm
Amazon's Drone Delivery Patent Just Feels Like Trolling At This Point
Oh dear, Amazon.
These aren’t actual technologies yet. [...] All of which underscores that Amazon might never ever ever ever actually implement delivery drones. The patent paperwork was filed nearly a year after Amazon’s splashy drone program reveal on 60 Minutes. At the time we called it revolutionary marketing because, you know, delivery drones are technical and logistical madness, not to mention that commercial drone use is illegal right now. Although, in fairness the FAA did just relax some rules so that Amazon could test drones.

At this point it feels like Amazon is just trolling. It’s trolling us with public relations BS about its future drones, and it’s trolling future competitors -- Google is also apparently working on this -- so that if somebody ever somehow does anything relating to drone delivery, Amazon can sue them. If I’m wrong, I’ll deliver my apology via Airmail.
amazon  trolling  patents  uspto  delivery  drones  uavs  competition  faa 
may 2015 by jm
The Ramifications of Alice: A Conversation with Mark Lemley - IPWatchdog.com
I think you need to review what is actually happening at the USPTO in terms of rejections and how the Federal Circuit is applying Alice to find software patent claims patent ineligible. We are not crying wolf. It is really, factually, truthfully happening.


On the face of it, this sounds like great news ;)
swpat  patents  alice  uspto  ip  reform  software 
september 2014 by jm
Actually, Mr. Waxman, Consumers Are Sued For Patent Infringement All the Time | Electronic Frontier Foundation
Patent trolls have sued or threatened to sue tens of thousands of end-users. For example, Innovatio attacked cafes, bakeries, and even a funeral parlor for using off-the-shelf Wi-Fi routers. And the notorious scanner troll, MPHJ, targeted small businesses and nonprofits around the country for using ordinary office equipment. As a recent paper explained: “Mass suits against technology customers have become too common, involving building block technologies like wi-fi, scanning, email and website technologies.”

The growth in patent suits against customers reveals the importance of the Limelight case. A ruling that made it even easier to sue customers (by allowing suits against someone who performs just some steps of a patent) would encourage patent trolls to launch more abusive litigation campaigns. We hope the Supreme Court will restore the sensible rule that only a single entity (or its agents) can infringe a patent.
patents  uspto  swpats  eff  consumer  law  legal  patent-infringement  scanners  wifi  printers 
may 2014 by jm
Disgraced Scientist Granted U.S. Patent for Work Found to be Fraudulent - NYTimes.com
Korean researcher Hwang Woo-suk electrified the science world 10 years ago with his claim that he had created the world’s first cloned human embryos and had extracted stem cells from them. But the work was later found to be fraudulent, and Dr. Hwang was fired from his university and convicted of crimes.

Despite all that, Dr. Hwang has just been awarded an American patent covering the disputed work, leaving some scientists dumbfounded and providing fodder to critics who say the Patent Office is too lax.

“Shocked, that’s all I can say,” said Shoukhrat Mitalipov, a professor at Oregon Health and Science University who appears to have actually accomplished what Dr. Hwang claims to have done. “I thought somebody was kidding, but I guess they were not.”

Jeanne F. Loring, a stem cell scientist at the Scripps Research Institute in San Diego, said her first reaction was “You can’t patent something that doesn’t exist.” But, she said, she later realized that “you can.”
patents  absurd  hwang-woo-suk  cloning  stem-cells  science  biology  uspto 
february 2014 by jm
How the America Invents Act Will Change Patenting Forever
Bet you didn't think the US software patents situation could get worse? wrong!
“Now it’s really important to be the first to file, and it’s really important to file before somebody else puts a product out, or puts the invention in their product,” says Barr, adding that it will “create a new urgency on the part of everyone to file faster -- and that’s going to be a problem for the small inventor.”
first-to-file  omnishambles  uspto  swpats  patents  software-patents  law  legal 
march 2013 by jm
Total victory for open source software in a patent lawsuit
yay, Red Hat beat down patent troll IP Innovation, L.L.C. (a subsidiary of Acacia Technologies), in East Texas no less
ip  law  legal  novell  linux  open-source  patents  redhat  swpats  uspto  acacia-technologies  from delicious
may 2010 by jm

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