[Discuss] more on software patent

[abreauj at gmail.com (John Abreau)]

The BLU leadership has neither the interest nor the funds to support this.



2011/10/3 Hsuanyeh Chang <hsuanyeh at gmail.com>:
> If I have the honor, what I can offer now is to write up, in the name of
> BLU, a "request for ex parte reexamination" and get it on file in the patent
> office in an attempt to invalidate the asserted patent(s). ?But, I would
> need support from the BLU (e.g., knowledge and time to find prior art,
> official fees to be paid to the patent office, and other costs). Would
> anyone be willing to take action together?
>
> HYC on the go
>
> ? Oct 3, 2011 9:01 PM ??Matt Shields <matt at mattshields.org> ???
>
>> On Mon, Oct 3, 2011 at 10:57 AM, Hsuan-Yeh Chang <hsuanyeh at gmail.com>
>> wrote:
>> 35 U.S.C. 101 Inventions patentable.
>>
>> "Whoever invents or discovers any new and useful process, machine,
>> manufacture, or composition of matter, or any new and useful
>> improvement thereof, may obtain a patent therefor, subject to the
>> conditions and requirements of this title."
>>
>> Talking about this particular patent (USP 7,818,225), the claims are
>> directed to "a financial instrument," which does not even fall into
>> the four statutory patentable classes (i.e., "process," "machine,"
>> "manufacture," and "composition of matter"). ?This very patent cannot
>> really prove that the patent system is screwed up. ?This patent only
>> proves that the Patent Office should train their Examiners better.
>> Plus, there are administrative proceedings that one can use to knock
>> down this patent. ?The owner of this patent should better not seek
>> enforcement, or it would be invalidated rather easily...
>>
>> HYC
>> - Hide quoted text -
>>
>> On Mon, Oct 3, 2011 at 10:03 AM, <markw at mohawksoft.com> wrote:
>> >
>> > >> See the poster child
>> > >> http://www.1201tuesday.com/1201_tuesday/2010/10/poster-child.html
>> > >>
>> > >> If this is a valid patent; already in; how do you accommodate that?
>> > >
>> > >
>> > > If I were the Examiner, I would reject the claims and have the
>> > > applicant
>> > > appeal my decision. ?With this particular case, I would blame the
>> > > Examiner
>> > > for passing this application to issuance.
>> > >
>> > And that's the problem. You assume the patent examiner has the real
>> > ability to reject this patent. He or she does not. The patent examiner
>> > must have a defensible reason to reject a patent, it can not be
>> > arbitrary.
>> > There are limited tools with which they can reject a patent application.
>> >
>> > With Bilski, its a little easier, but it is still hard. The weight is on
>> > the examiner to prove it can't be patented, the patent application is
>> > assumed to be patentable otherwise. This is why absurd patents get
>> > approved.
>> >
>> > The patent system has been destroyed by IP lawyers and it is broken.
>> >
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>>
>> Hsuan-Yeh,
>> This is exactly the kind of ridiculous stupidity that IP and patent
>> lawyers do to waste people's time and money. ?Again, I'll repeat my
>> recommendation to you, if you are serious about helping the OSS community or
>> the industry in general, donate your time to defend against these trolls.
>>
>>
>> http://yro.slashdot.org/story/11/10/03/2236255/Patent-Troll-Says-Anyone-Using-Wi-Fi-Infringes?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Slashdot%2Fslashdot+%28Slashdot%29
>>
>>
>> Matthew Shields
>> Owner
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-- 
John Abreau / Executive Director, Boston Linux & Unix
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