Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
lottery, patent, secret, winning



If You Had The 'Secret' To Winning The Lottery, Would You Patent It?

from the economically-challenging-questions dept

Okay, so this story is bizarre enough by itself, but there's an odd twist at the end. A husband and wife who held four separate winning lottery tickets claims to have figured out a secret formula for winning the lottery. That seems highly unlikely, of course. There is no formula that can predict totally independent numbers. The four winning tickets all used the same numbers, so there's no proof that the couple did anything other than get lucky by having the same number they played four different times hit.

However, their lawyer is claiming that the couple is "exploring patent protection." Want to see a sign of how ridiculous the patent situation has become? If you had figured out the (non-existent) secret to winning the lottery, would you use it to (a) keep winning the lottery or (b) patent it? It's only in these bizarre times that a couple would even think that (b) would be the more profitable option. Of course, if there really were some secret to predicting independent numbers that the couple had figured out, wouldn't you think that any lottery commission would immediately change how their lottery worked the second that patent was published?

58 Comments | Leave a Comment..

 
 

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  1. Aug 25th, 2008 @ 11:26am

    Wow.

    Just, wow.

    Only in America!

    (reply to this comment) (link to this comment)

  2. Aug 25th, 2008 @ 11:29am

    Makes sense!

    by Anonymous Coward

    Option B makes perfect sense!
    That would mean they could sue any lottery winner for infringing on their patent. The person won the lottery, so that would be the proof, and they are now flush with cash and would want to settle out of court, no?

    (reply to this comment) (link to this comment)

  3. Aug 25th, 2008 @ 11:36am
    by Anonymous Coward

    Patent it and allow it subject to review? Bah!

    Selling it as a late-night infomercial would be better.

    (reply to this comment) (link to this comment)

  4. Aug 25th, 2008 @ 11:36am

    Re: Makes sense!

    by Greg

    Agreed

    (reply to this comment) (link to this comment)

  5. Aug 25th, 2008 @ 11:39am

    If you had won the lottery 4 times

    by Haywood

    How greedy would you have to be to try to make more?
    Once even at the starter amount would keep a conservative person for the rest of their lives, with a fair amount to pass on to their heirs.

    (reply to this comment) (link to this comment)

  6. Aug 25th, 2008 @ 11:47am

    Great Demonstration

    It may be greed, however, it's a great demonstration of how one sided patents can be. There is a system in place that allows these people to possibly receive a patent to hoard money. Not much different than many others that are granted these days. Hopefully this is demonstrated through the courts to congress so they see the error of their ways. One thing is sure, the attorney is guaranteed make money. Looks like he hit the lottery too.

    (reply to this comment) (link to this comment)

  7. Aug 25th, 2008 @ 11:55am

    Win the Lotto?

    Wanna know how to make thousands of dollars off of ignorant suckers? Just send me $29.99 plus $14.95 shipping and handling and I'll send you my fool-proof kit, with complete instructions today? (/sarcasm)

    Sound familiar? I know a scam when I smell one--and these people are full of it.

    (reply to this comment) (link to this comment)

  8. Aug 25th, 2008 @ 11:59am

    Ways to win...

    by Michael Kohne

    There are only 3 ways to win the lottery, none particularly good to patent:

    1) Get lucky. There's too much prior art to patent this one.

    2) Find, via analysis of public information, a flaw in the lottery's random number generation. Not good to patent because once you release details, THEY'LL FIX IT.

    3) Create, thought illegal tampering, a flaw in the the lottery's random number generation. Not good to patent because once you release details, THEY'LL ARREST YOU.

    So no, this won't go anywhere. And one more set of morons show their true colors in public.

    What else is new?

    (reply to this comment) (link to this comment)

  9. Aug 25th, 2008 @ 12:01pm
    by Ima Fish

    This is nothing but a scam. They'll sell their plan on how to win the lottery and claim that the process is "patent pending" to prove how valid it is. The ignorant masses have no idea that "patent pending" means absolutely nothing.

    (reply to this comment) (link to this comment)

  10. Aug 25th, 2008 @ 12:01pm
    by Anonymous Coward

    People look at the possibility of patent protection all the time, whether for something groundbreaking or incredibly trivial. This does not mean that an application will ever be prepared because many things are clearly outside the scope of patent law.

    In this case, and given the mathematical impossibility of accurately predicting random numbers, this couple will almost certainly be told that their "secret method" is not patentable because of its lack of "utility".

    BTW, the attorney mentioned in the article is not one familiar with IP law, otherwise his comment would never have been made.

    (reply to this comment) (link to this comment)

  11. Aug 25th, 2008 @ 12:04pm

    Sad state of affairs

    by UI

    Patents are like money – the more there are the less value they have. This kind of nonsense belittles any real advancements.

    (reply to this comment) (link to this comment)

  12. Aug 25th, 2008 @ 12:12pm

    Maybe Yes, Maybe No

    by Anonymous of Course

    It's difficult to generate random numbers.
    If I remember correctly the winner has been
    keeping a record of the numbers for about four
    years. Maybe he found a flaw in the process
    used to generate random numbers by the lottery
    folks? His wife said they bought a lot of tickets
    over the years so he's not claiming to be able
    to predict THE numbe. Only that he can improve
    his odds.

    If I was running a lottery I'd use one of the
    radioactive decay generators, or maybe the
    lava lamps www.lavarnd.org or perhaps a noisey
    diode. Nothing that depended on code.

    I'm betting it was dumb luck and some lawyer
    is trying to profit from the winner though
    a clever angle.

    (reply to this comment) (link to this comment)

  13. Aug 25th, 2008 @ 12:18pm

    Re: Great Demonstration

    by Fushta

    One thing is sure, the attorney is guaranteed make money. Looks like he hit the lottery too.

    I was thinking the same thing. The couple is so rich now (supposedly) that the lawyer is cashing in on their stupidity. Unless, they patent the idea, then license it to other idiots.

    Remember, the lottery is a tax on the poor.

    (reply to this comment) (link to this comment)

  14. Aug 25th, 2008 @ 12:20pm

    Crazy Talk

    So they are patenting the principle of being "lucky" sounds like a way for karma to take a second look.

    (reply to this comment) (link to this comment)

  15. Aug 25th, 2008 @ 12:25pm

    actually

    by Ryan

    it's pretty smart. If they successfully get a patent on "randomly choosing numbers that match those drawn by the lottery" they can effectively sue every future winner.

    (reply to this comment) (link to this comment)

  16. Aug 25th, 2008 @ 12:25pm
    by AdamR

    All they did was buy four tickets with the same numbers and each ticket paid 350k. Ok what's the big deal here?

    (reply to this comment) (link to this comment)

  17. Aug 25th, 2008 @ 12:29pm

    What kind of a country is this?

    by Anonymous Coward

    Sasquatch, lottery prediction, intelligent design!!

    It is really surprising that this country has so much scientific progress with so many stupid people around.

    (reply to this comment) (link to this comment)

  18. Aug 25th, 2008 @ 12:30pm

    They "wheeled" a set of numbers, not rocket science

    by Anonymous Coward

    Years ago I played the lottery using a wheeled set of numbers, playing many combinations of a smaller set of picks. This explains why they had 4 winning tickets in that lottery. They didn't have all of the winning numbers, but enough to get some decent prize money. This is prior art and not patentable. You can get lottery wheels online for free.

    (reply to this comment) (link to this comment)

  19. Aug 25th, 2008 @ 12:38pm

    Re: Maybe Yes, Maybe No

    by Anonymous Coward

    those still depend on code. Also, they are still pseudo-random. many people state that there really is no such thing as a truely random.

    you can develop a method of generating a sufficiently random number with nearly any pseudo-random number generator. also then any flaws could be changed as easily as typing a single character differently.

    (reply to this comment) (link to this comment)

  20. Aug 25th, 2008 @ 12:46pm
    by jonnyq

    I've often referred to the love of patents as the "lottery mentality". By "lottery mentality", this is what I mean.

    Some people believe that the true method of success is to find a windfall for little work. People write songs on the hopes of writing the one song that sells millions. People patent products on the idea that a slightly novel addition to an existing idea should win them millions. People sue at the drop of the hat thinking that they really /deserve/ millions of dollars because they spill hot coffee on themselves, or because their children are exposed to a boob. People applaud the success of those who win on reality shows. I've even heard people refer to this as the "American dream". They think that winning the lottery, winning a game show, or getting rich off of Grandma Got Run Over by a Reindeer /is/ the American dream.

    So, it comes as no surprise surprise to me that someone with the "lottery mentality" would try to patent a method for winning the lottery...

    (reply to this comment) (link to this comment)

  21. Aug 25th, 2008 @ 12:47pm

    Re: Re: Maybe Yes, Maybe No

    by Anonymous of Course

    I should not have lumped the lava lamps
    and radioactive decay device together.

    As I understand it the lava lamps are
    used to seed a pseudo random generator.
    Which does overcome a significant problem.

    The radioactive decay type random number
    generator generator that I'm familiar with
    does not seed a pseudo random generator.
    The time between clicks is a random number.

    (reply to this comment) (link to this comment)

  22. Aug 25th, 2008 @ 12:53pm

    Re: Ways to win...

    by Emerson

    I'm not sure about the state where you play the lottery, but in my state (and in multi-state Powerball) there is no random number generator. They use numbered balls, and they're floating around in a container with forced air jumbling the balls around. At the proper time, a ball-sized opening is opened, and one of the balls pops into the opening, totally at random.

    So that leaves pretty much #1.

    (reply to this comment) (link to this comment)

  23. Aug 25th, 2008 @ 12:55pm

    I know of a case not unlike this.

    by Norm

    A company in Maine which makes Water Cooled Loads (you would attach a transmitter to it where the antenna goes while working on transmitter) refused to patent the mathematical formula it used in building the unique device. There were some other companies who would blatantly copy their design, but still the company would not patent their product and thus reveal their formula.

    (reply to this comment) (link to this comment)

  24. Aug 25th, 2008 @ 1:02pm

    Nice arg

    What an astute argument! Kudos to this line of analysis.

    (reply to this comment) (link to this comment)

  25. Aug 25th, 2008 @ 1:10pm
    by Overcast

    Would be a dumb idea, if you did in fact patent it, and it really worked; which I can't see it really working...

    The states would change the lottery overnight, making any work you've done a big fat null.

    (reply to this comment) (link to this comment)

  26. Aug 25th, 2008 @ 1:18pm

    Re: Ways to win...

    by Nasch

    There's another way, sort of a variation on 1 but better:

    4) Wait until expected returns (jackpot * odds of winning) are greater than the cost of a ticket. Preferably a lot higher. Then buy as many tickets as you can, like thousands. No guarantee of winning, but in the long run you'll come out ahead. 4a)When choosing numbers, choose round numbers like 10 and 25, because fewer people play those.

    (reply to this comment) (link to this comment)

  27. Aug 25th, 2008 @ 1:31pm

    Question...

    by Stute

    I wonder if their formula is too keep betting the same numbers and buy lots of tickets...

    (reply to this comment) (link to this comment)

  28. Aug 25th, 2008 @ 1:53pm

    Re: Re: Ways to win...

    by Anonymous Coward

    The expected returns of lotteries rarely equal or become greater than the expected losses. That's lottery principle #1. It could potentially be possible in variable prize lotteries, like Powerball, but only when the jackpot is $150M+. Also, it doesn't matter if you choose round numbers. The odds of winning have nothing to do with what numbers everyone chooses. Although choosing "common" numbers may lead to prize sharing..I'd worry about winning the jackpot myself first before considering someone else winning with the same numbers.

    (reply to this comment) (link to this comment)

  29. Aug 25th, 2008 @ 1:57pm

    Re: Re: Great Demonstration

    by Anonymous Coward

    Actually, the lottery is a tax on bad math.

    (reply to this comment) (link to this comment)

  30. Aug 25th, 2008 @ 2:04pm

    Re:

    by Anonymous Coward

    Exposed to a boob? You mean Clinton?

    (reply to this comment) (link to this comment)

  31. Aug 25th, 2008 @ 2:07pm

    for some

    by Thom

    the lottery may be a tax on bad math. For others the lottery is very cheap entertainment. Some people spend tens, hundreds, or even thousands of dollars on a a few moments to a few hours of entertainment. Others spend a couple dollars on powerball tickets every now and then and spend hours to days giddily dreaming of what they'd do with that money should they win. If the latter group understand the odds and get as much entertainment from their expenditure as the former then why is their choice any worse?

    (reply to this comment) (link to this comment)

  32. Aug 25th, 2008 @ 2:09pm
    by Paul Warnes

    The patent is so they can claim "Patent Pending" on their late night infomercial. Nothing says it works like I filled out an application.

    (reply to this comment) (link to this comment)

  33. Aug 25th, 2008 @ 2:36pm

    clueless

    by mike

    These are the kind of people to vote for Obama....

    (reply to this comment) (link to this comment)

  34. Aug 25th, 2008 @ 2:45pm

    It's too late...

    I think someone already has a patent on "Stupidity." They'd best prepare to be sued.

    (reply to this comment) (link to this comment)

  35. Aug 25th, 2008 @ 3:43pm
    by Anonymous Coward

    Secret process for picking winning lottery numbers:

    1) Go to package store, buy PBR
    2) Get free entry form from local package store
    3) Drink PBR
    4) Circle numbers on form according to your birthday, anniversary date, and today's date.
    5) Pay $1 and enter form
    6) Drink PBR
    7) Realize that your lottery ticket cost you $3.99 and the humiliation of drinking PBR
    8) Hope that the numbers on this weeks lottery match your birthday, anniversary, or the date you drank PBR.
    9) Repeat until your birthday comes up in lottery numbers.

    (reply to this comment) (link to this comment)

  36. Aug 25th, 2008 @ 3:45pm

    Re: Re: Great Demonstration

    by Anonymous Coward

    "Remember, the lottery is a tax on the poor."

    No it isn't. It's a tax on the mathematically challenged.

    (reply to this comment) (link to this comment)

  37. Aug 25th, 2008 @ 3:50pm

    Re: Re: Great Demonstration

    by The Mighty Buzzard

    Remember, the lottery is a tax on the stupid.

    There, fixed that for you.

    (reply to this comment) (link to this comment)

  38. Aug 25th, 2008 @ 5:02pm

    The Macrovision Approach

    by Lawrence D'Oliveiro

    They could do a similar thing to what Macrovision did: not only patent their technique, but also get patents on all the ways they can think of to bypass that technique. Then when the lottery commission tries to change the way the numbers are drawn to defeat the number-predicting technique, they can sue.

    (reply to this comment) (link to this comment)

  39. Aug 25th, 2008 @ 6:50pm

    Re: If you had won the lottery 4 times

    by Dan

    Prize money gets split between all of the winning tickets. Just because they won four times doesn't mean they get more money.

    (reply to this comment) (link to this comment)

  40. Aug 25th, 2008 @ 7:54pm

    mentalism

    by icon Danny (profile)

    Uri Geller is *this close* to applying for a patent on spoon bending.

    (reply to this comment) (link to this comment)

  41. Aug 25th, 2008 @ 8:08pm
    by AdamR

    To #39

    Not true games like Pick 4 or 5, pay out a flat amount. From time to time they limit the payout or lockout out certain numbers. In New York they limited 0911 after people went bought a ton of tickets with that combo on the anni.

    (reply to this comment) (link to this comment)

  42. Aug 25th, 2008 @ 8:12pm

    Re: They

    by Pseudonym

    That was my first thought, too.

    For those who are curious, "wheeling" is using combinatorial covering to play multiple tickets (or "lines" as they're apparently called in lottery-speak) in such a way that it probabilistically minimises your worst-case losses.

    Let's suppose, for sake of argument, that there are exactly 50 million possible combinations, and you decide you are going to buy exactly 50 million tickets. The optimal strategy is to buy 50 million distinct tickets, because then you would be guaranteed to win. The key point is that there is an optimal strategy (and in this case, it's unique); if maximising your chances if winning is what's important, all other strategies are worse.

    "Wheeling" works on the same idea, only with fewer tickets. You might, for example, buy enough tickets so that all pairs of numbers are covered by at least one ticket (hence the term "combinatorial cover"). This guarantees that no matter what numbers are drawn, you are guaranteed to have at least two correct.

    Note that wheeling is not a "way to win the lottery". Rather, it's a method for turning average-case behaviour into worst-case behaviour. You will never do worse than some bound that's limited only by the amount of money you're willing to spend. (Which is, of course, less than the amount of money you're likely to win, but such is life.)

    Incidentally, the problem of designing (or even counting) minimal combinatorial covers is an open mathematical problem. If they've solved it, they should write it up; there's a PhD in combinatorics with their names on it.

    (reply to this comment) (link to this comment)

  43. Aug 25th, 2008 @ 10:12pm

    I liked comment #2

    Too true:
    Option B makes perfect sense!
    That would mean they could sue any lottery winner for infringing on their patent. The person won the lottery, so that would be the proof, and they are now flush with cash and would want to settle out of court, no?

    (reply to this comment) (link to this comment)

  44. Aug 26th, 2008 @ 3:18am

    Re: Re:

    by Anonymous Coward

    If I got exposed to Clinton's boob, I would expect compensation too.

    (reply to this comment) (link to this comment)

  45. Aug 26th, 2008 @ 10:34am

    Here is an idea...

    by Xan

    I am going to patent "How to lose the lottery" then charge everyone in the world a royalty whenever they don't win anything. =D

    (reply to this comment) (link to this comment)

  46. Aug 26th, 2008 @ 12:25pm

    Re:

    by Anonymous Coward

    Ding, ftw!


    They got lucky (god knows how many tickets they bought. Presumably these were 4 independent, large-scale $million+ lotteries and not 4 tix for the same one when their numbers hit) and, when people jokingly kept saying, "What's your secret?" they decided to "invent" one and informertialbookize it.


    You'd be surprised what late-nite informertials get away with before they get stopped with a slap on the wrist (and usually altered and continued anyway.)


    I recall that long-haired muscle trainer blonde guy selling his own pasta maker, picking up a box of store-bought pasta and saying, "You don't know what's in this. Look! Niacin. Riboflavin. What is this stuff?!?!?"

    (reply to this comment) (link to this comment)

  47. Sep 3rd, 2008 @ 10:46pm

    rigged lottery games

    by james

    so your saying that the lottery is rigged?

    (reply to this comment) (link to this comment)

  48. Oct 22nd, 2008 @ 3:05pm
    by Anonymous Coward

    your all assholes!!

    (reply to this comment) (link to this comment)

  49. Nov 2nd, 2008 @ 7:02am

    Re: If you had won the lottery 4 times

    by Anonymous Coward

    (reply to this comment) (link to this comment)

  50. Nov 2nd, 2008 @ 7:03am

    Re: If you had won the lottery 4 times

    by Anonymous Coward

    (reply to this comment) (link to this comment)

  51. Jan 23rd, 2009 @ 12:43pm

    if you had the secret.....

    by Fidel Garcia

    Why should i share the secret ?

    (reply to this comment) (link to this comment)

  52. Feb 11th, 2009 @ 12:51pm

    Re: actually

    by Brandon

    Not really, they couldn't. It would come down to language, and the word random isn't how I choose my numbers. I have a system of choosing numbers that have significance to me, not mere randomness, so that patent on "[randomly] choosing numbers that match those drawn by the lottery" would have no affect.

    (reply to this comment) (link to this comment)

  53. Mar 8th, 2009 @ 12:02pm

    leslie

    give numbers that you could win

    (reply to this comment) (link to this comment)

  54. Mar 13th, 2009 @ 1:35pm

    auto mega power ball picker

    by kevin cookk

    I have the system that is a guarantee with patent pending (the multi state lottery lawyer in georgia do not want to see or talk to me anymore about my method. they know it will change the odds of the mega and power ball games, which they would not be able to alter the games makeing my product useless. They know it makes those games more player friendly. I am trying to market it to all the lotto retailer at this time. Which could make lotto retailer win more of the jackpots and other profits from my product.How do I get a book deal or infomercial on this 100% guarantee product money back if it doesn't work no joke. Can an attorney or anyone in this field reply to my phone 562-260-0454 or email if can help me get this product to the players.9 because the lottery don't want it out i have the system. Please help me help the players.

    (reply to this comment) (link to this comment)

  55. May 8th, 2009 @ 9:27am

    Re: rigged lottery games

    by Reggie

    Think about This for a moment,before every draw there is enough time for the lotto people to run the computers to see what numbers HAVE NOT been played,(probably takes about less than a minute with there main computer)then they have different ball sets with powdered metal dust in them,and they pick the numbered balls that Don't have powder in them,and they turn on a magnet under the ball table that holds the balls down at the bottom of the ball machine,and the numbers that weren't picked go to the top(no powder in them)(watch one of the draws sometime you'll see most of the balls dance around toward the bottom of the machine)..I say all lottery games are fixed......

    (reply to this comment) (link to this comment)

  56. May 9th, 2009 @ 12:01am

    It's cool.. winning in lotto for more than 4 times... I guess they're just lucky. :D

    (reply to this comment) (link to this comment)

  57. May 12th, 2009 @ 10:01pm

    lottery

    by Alice

    You fools only proven way to win lotteries is sheer luck there is no proven technique as some people think so i say to anyone who plays lottery games "Good Luck" may someday may you be lucky enough to win.

    (reply to this comment) (link to this comment)

  58. May 12th, 2009 @ 10:09pm

    Re: lottery

    by Anonymous Coward

    Your right do you think if someone had a sure fire way to win the lottery that it would be patent DUH i don't think so becuse if it were patent they would never win a big lottery again becuse everyone would be winning and they would only get a very small amouunt.

    (reply to this comment) (link to this comment)

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