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drew
Reformation
Premium
join:2002-07-10
Port Orchard, WA
clubs:
Are you a patent violator?

»www.sitepoint.com/blogs/2009/11/···-patent/

Heh.

I hate IP patents.


McSummation
Mmmm, Zeebas Are Tastee.
Premium,MVM
join:2003-08-13
Round Rock, TX
·AT&T Southwest

said by drew See Profile :

I hate IP patents.
Even though I have 6 software patents, I hate them, too. I wish all software patents would be declared null and void.

Jigglyware
Gelatin based computing

join:2006-01-09
Kenosha, WI
reply to drew
Given the state of the patent system, I'm certain that even a simple 'Hello World' program violates at least a dozen software patents.


Steve
I'm a PC, so shut up
Consultant
join:2001-03-10
Yorba Linda, CA

said by Jigglyware See Profile :

Given the state of the patent system, I'm certain that even a simple 'Hello World' program violates at least a dozen software patents.
Maybe, but prior art goes way back


McSummation
Mmmm, Zeebas Are Tastee.
Premium,MVM
join:2003-08-13
Round Rock, TX
However, "prior art" seems to mean nothing when it comes to software patents. There have been all sorts of patents filed, and granted, for things that were in use many years before the filing.


PToN

join:2001-10-04
Houston, TX
reply to drew
The entire patent system is absurd... It needs to be recoded and adapted to new business models and a modern society.

All of my web apps use Ajax


cowboyro

join:2000-10-11
Shelton, CT
·AT&T U-Verse
·Comcast
·Optimum Voice

reply to McSummation
said by McSummation See Profile :

However, "prior art" seems to mean nothing when it comes to software patents. There have been all sorts of patents filed, and granted, for things that were in use many years before the filing.
It means nothing even when other patents are issued - like patenting the wheel... »news.bbc.co.uk/2/hi/asia-pacific/1418165.stm

hottboiinnc
ME

join:2003-10-15
Cleveland, OH
reply to McSummation
if you hate them, then why have 6 of your own?


McSummation
Mmmm, Zeebas Are Tastee.
Premium,MVM
join:2003-08-13
Round Rock, TX
·AT&T Southwest

I have 6 because that is IBM's way of protecting itself from the unscrupulous people that patent things they didn't invent, then demand payment from the people that did.

BTW, the first one is for transferring a word processing file from a main frame into a PC or PC to mainframe. How many of you have done that and didn't realize you were using my patent?


Steve
I'm a PC, so shut up
Consultant
join:2001-03-10
Yorba Linda, CA

reply to hottboiinnc
said by hottboiinnc See Profile :

if you hate them, then why have 6 of your own?
The short answer is: if I don't patent it, somebody else will, and I know that I won't be abusing it. But to leave it alone means you can get screwed by some dirtball down the road who has less scruples than me.

This is an enormous fact of life in the commercial world, and nobody likes it. But it's ignored only at one's peril.

Steve
--
Stephen J. Friedl | Unix Wizard | Microsoft Security MVP | Orange County, California USA | my web site


Goober
Premium
join:2000-12-17
Naperville, IL
Still, a ptent isn't necessary. A defensive publication would do the trick really.


Steve
I'm a PC, so shut up
Consultant
join:2001-03-10
Yorba Linda, CA

said by Goober See Profile :

Still, a patent isn't necessary. A defensive publication would do the trick really.
Not exactly. In the narrow case of the thing in question, sure, but when little companies patent stuff like this, it's not just to defend, but to trade.

I have done work for a small medical manufacturing company, and they patented everything they could think of, and they hated it. When the big guys came a' callin, the little guy had something to trade, and after a big waste of time and lots of money, they all ended up just keeping on doing business.

Without those patents, they'd have been screwed by the big guys.

Steve
--
Stephen J. Friedl | Unix Wizard | Microsoft Security MVP | Orange County, California USA | my web site


Goober
Premium
join:2000-12-17
Naperville, IL
I was referring to your comment, "if I don't patent it, somebody else will."


McSummation
Mmmm, Zeebas Are Tastee.
Premium,MVM
join:2003-08-13
Round Rock, TX
·AT&T Southwest

reply to Goober
said by Goober See Profile :

Still, a patent isn't necessary. A defensive publication would do the trick really.
One of my works (while at IBM) got filed as a "trade secret". We didn't want our competitors to know how we did some of the things we were doing and that's the best way of handling that. The code had "easter eggs" hidden in it so that we could demonstrate in court that we knew things about the code that our competitor didn't. (We fully expected to be in court, but didn't.)


Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..

IBM internally kept it as a trade secret. That's a pretty common approach. Still pay out the inventor award to encourage/reward innovation, but not file a patent application.

Why give away the know-how, if it can't (relatively) easily be determined from the product itself.

Defensive publications are only for use when it's an innovation the company doesn't want to spend money patenting and doesn't care if others enter the market. The company itself just doesn't want to be squeezed out.
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