What Do You Get When You Strip Patent Illustrations From All Context?

from the context-is-key dept

When filling out a patent application, the purpose is two-fold. The first purpose of the application is to provide enough information for the patent examiner to determine if your invention is original and non-obvious, thus patentable. The second purpose of the application is to provide enough information for someone skilled in the art the invention falls under to recreate the invention. Often to fulfill these two purposes it is necessary to include illustrations to help visualize key parts that may be difficult to explain solely in writing. Yet, what happens when you strip these images out of the application and look at them without any context at all? Would you be able to discern just from the image what the patent is? Via io9, we learn of a Tumblr account that takes this idea of context free patent illustrations and runs with it.

Let’s take a look at a few of these illustrations and see just what each might be:

Either Ian Bogost has been granted a patent for clicking a cow on the internet or someone has patented the sirloin steak.

It looks like someone has invented a new method for dispensing cats for adoption via a very large crane game. Not sure how happy the cats will be when adopted, but the game sure looks fun.

While I have often wondered why my 6 year-old’s crayon drawings need copyright, I can tell by these next couple of illustrations that even without copyright she could make quite the living drawing illustrations for patent applications.

I can honestly say, my daughter’s art is way better.

Who would have thought that people might want to wear shoes while wrestling? I know I certainly wouldn’t have conceived of the idea had it not been for this patent application.

Ooh. Looks like someone has been awarded a patent on modern copyright maximalist strategy. The mine cart represents the one track mind of those seeking more enforcement legislation. The Whac-a-Mole represents how effective those measures are in real life. I like it.

While I feel that illustrations can be invaluable to a properly filed application, especially for those seeking to use those applications when the patents expire, one must really look at these sample illustrations and many of the others posted in the Tumblr blog and wonder, “Are these illustrations really helping to promote the progress?”

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Comments on “What Do You Get When You Strip Patent Illustrations From All Context?”

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47 Comments
Anonymous Coward says:

one must really look at these sample illustrations and many of the others posted in the Tumblr blog and wonder, “Are these illustrations really helping to promote the progress?”

You’re doing all the right things, Zach, by trying to make all IP seem stupid. Pulling illustrations out of applications and looking at them out of context is a great strategy. Mikey teaches you well.

But to answer your question, if the illustrations are part of an application that is granted, then that means they’re part of an invention was new, useful, and nonobvious. And that means the invention has advanced the state of the art, and therefore, it has promoted the progress.

Looking at a single illustration, out of context, and without more information, is not the proper way to frame it. That is, of course, unless you’re writing another mindless, baseless, and idiotic piece for TechTurd.

Leigh Beadon (profile) says:

Re:

But to answer your question, if the illustrations are part of an application that is granted, then that means they’re part of an invention was new, useful, and nonobvious. And that means the invention has advanced the state of the art, and therefore, it has promoted the progress.

Heh, are you really so naive that you are placing that much blind faith in the patent system?

I mean, what you just said sounds nice at all, and it supposed to be true in theory – but you obviously don’t know much about the state of the patent office if you think it has worked that way in practice.

The contextless illustrations are, yes, a bit of a joke – Zach’s just having some fun I think. But it’s not half so good a joke as your romantic words about patents.

Leigh Beadon (profile) says:

Missing illustration.

Heh – that was actually on an episode of QI once (amazing show that I recommend to anyone and everyone – seriously, give it a try) and they explained what it is: it’s a system for breathing in a hotel room that is filling with smoke during a fire.

As one of the panelists on the show put it: “So you can spend your last few minutes alive breathing toilet air.”

ohrn (profile) says:

Missing illustration.

Yes, toilet breathing saves lives! The full patent is here: http://www.google.com/patents/US4320756

In addition to the awesome pic it has some great quotes too (when properly taken out of context):

1. A method for breathing fresh air in a room … comprising the steps of

inserting a breathing tube through a water trap of a toilet to expose an open end thereof to fresh air from a vent pipe connected to a sewer line of said toilet, and breathing said fresh air through said breathing tube.

*Fresh Air* I don’t want to visit that hotel.

Anonymous Coward says:

Re:

Quote:

But to answer your question, if the illustrations are part of an application that is granted, then that means they’re part of an invention was new, useful, and nonobvious. And that means the invention has advanced the state of the art, and therefore, it has promoted the progress.

I wish I could see your face right now to see if you are saying that with a straight face, because surely you are kidding me.

Even IP lawyers have blogs dedicated to mocking the patent system today because they allow everything if you submit enough times.

pr (profile) says:

Innovative Fish Processing Factory

The last one is for a fish processing plant. In this case it’s an assembly line in reverse. The traditional assembly line moves the work to the workers. In this one the workers ride by the work station on rail cars and perform the process rather than moving the fish, which can cause damage to the product. The worker depicted in the figure is whacking the fish on the head with a mallet. Other workers will ride by and behead, skin, and fillet, each applying his/her particular expertise while minimizing movement of the product.

Anonymous Coward says:

Run on

It means that if you are patenting say a method for making broadswords and skilled blacksmith should be able to look at your patent and then use your method.

Someone who works in the field that your patent is related to can recreate whatever you are patenting just by looking at your application.

In other words it is suppose to be clear, detailed, logical and concise. Which is a laugh if you look at most patent apps.

E. Zachary Knight (profile) says:

Re:

You’re doing all the right things, Zach, by trying to make all IP seem stupid. Pulling illustrations out of applications and looking at them out of context is a great strategy. Mikey teaches you well.

I guess if it justifies your continued presence here, feel free to continue missing the point.

But to answer your question, if the illustrations are part of an application that is granted, then that means they’re part of an invention was new, useful, and nonobvious. And that means the invention has advanced the state of the art, and therefore, it has promoted the progress.

You are incredibly naive if you think every patent granted is “new, useful, and nonobvious”. You have obviously never spent any time in the software industry. Patents granted on software are rarely if ever “new, useful, and nonobvious” Most of the time, they are granted on something old, used often or obvious to anyone tackling the same problem.

Looking at a single illustration, out of context, and without more information, is not the proper way to frame it. That is, of course, unless you’re writing another mindless, baseless, and idiotic piece for TechTurd.

Or when someone is writing up a humorous post about crudely drawn patent illustrations.

Seriously, were you born without a sense of humor or was it beaten out of you?

DMNTD says:

funny...

Great fun, but I have to say that this all brings to light the problems with money and locking something down. The fact that the idea behind patents and money being involved is only “good ideas” get through. Enough evidence has proved that is false and a joke to any society that has survived.

Patents on a real evaluated level can make sense but as long as the select few are the ones getting patents then like all other things there is no room for creativity or competition. It’s as bad as “quotas” and police…nothing good happens when you have to be self-fulfilling. Patents on the real, equals no profit to the entities evaluating.

Gene Cavanaugh (profile) says:

Patent illustrations

Boy, is someone ever missing the point! Apparently they know nothing about patent law.
Illustrations (at least one, specifically) are REQUIRED in patents, and where they don’t make sense this can lead to strange results.
Further, a disclosure REQUIRES a related illustration, and an illustration REQUIRES a related disclosure (that’s what the numbers with leaders are for, for the totally ignorant!).

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