Patents out of hand?
I don't know if I'm the only one that has this view, but the USPTO has really gotten out of hand. I think that the people granting Patents over there don't know their own rules.
Patents cannot be:
-Laws of nature
-Physical phenomena
-Abstract ideas
-Literary works (these are copyrighted)
-Not useful
-Offensive to public morality
The invention must also be:
-Novel
-Nonobvious
-Adequately described or enabled
-Claimed by the inventor in clear and definate terms.
Granted the Microsoft/Eloas patent did fall into these categories, however it wasn't "Novel" in that the prior art already existed. In the SightSound/CDNow case though the following statement is hardly "Novel", "Nonobvious", or "Adequately described". It also is largely an "Abstract Idea" which patents can not be.
I quote from the recent CNet Article
'The patents--granted to SightSound in 1992--give the company control over a technique for "electronic sales and distribution of digital audio or video signals," specifically over a "telecommunications line."'
Electronic sales and distribution of digital audio or video signals over a telecommunications line? How vague can you be? The only saving grace that I have to imagine that this falls as a "Design patent" and is only in effect for 14 years. Assuming a filing date of 1989 (quantified as late 80's), it's got to be set to run out soon.
Am I alone in thinking these patents that are floating around out there are ludicrous, or has the PTO gotten out of hand?
Elephant
Tuesday, November 4, 2003
PTO examiners work on a quota system. The fastest way to clear a patent is to approve it.
You do the math.
Philo
Philo
Tuesday, November 4, 2003
http://golfsgoofiestgadgets.com/archive.htm -- seems there was a huge backlog in this department...
Dreamcatcher
Tuesday, November 4, 2003
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