I'm going to patent "having sex with my wife to produce offspring with brown hair".
(We both have brown hair, and so do our kids, so it's a working method and product, right?)
Of course, then I'll get challenged on similar grounds, back off the "method", and hopefully get the patent for just brown hair itself.
If I can get this to fly (and I'm pretty sure I can, the way patents get approved these days) I figure I can squeeze the world for a cool couple billion.
Senshikaze, I completely agree with you. The distinction is between inventor and non-inventor, not independant inventors.
During a development project, I ran across no less than a dozen real grossly questionable patents. Of them, only two had ever been reduced to an actual working invention; all the rest were concepts and drawings only.
What the quotes tell me is that I could challenge my standing against the ten that were pipe dreams, because I was an actual "inventor". The other two, that had acutally been reduced to a working invention by real inventors would still be in my way.
Senshikaze, I completely agree with you. The distinction is between inventor and non-inventor, not independant inventors.
During a development project, I ran across no less than a dozen real grossly questionable patents. Of them, only two had ever been reduced to an actual working invention; all the rest were concepts and drawings only.
What the quotes tell me is that I could challenge my standing against the ten that were pipe dreams, because I was an actual "inventor". The other two, that had acutally been reduced to a working invention by real inventors would still be in my way,
"Imagine, though, how much bigger that contribution might be had the Patent Office been able to process the applications that it has still not even looked at. There are more than 700,000 of these."
Imagine it?!? I can't wait!!! $2000 to replace my $500 smart phone. The inability to innovate. Time frozen at the current state of technology because nobody can navigate the thicket.
I'll never have to upgrade! I'll have to waste time learning new features! What an awesome world!
There have been cases mentioned on this site about private companies getting patents on Federal research, so it could be a good thing that the Federal Government pre-empts the private sector in this way...
... Presuming of course that those patents remain free to the public in perpetuity ...
"Until the Federal Circuit’s Mallinckrodt decision, an unbroken line of Supreme Court and lower court precedents held that the patentee’s patent right over a product that the patentee sold (or that a licensee authorised to make a sale sold) ended at the point of sale."
...
"The Federal Circuit’s Mallinckrodt doctrine has not avoided criticism as allegedly stating legal rules that contradict Supreme Court decisions. Thus in 2007, the United States Solicitor General filed an amicus curiae brief in Quanta Computer, Inc. v. LG Electronics, Inc.,[8], stating, as to the first prong, "The test adopted by the Federal Circuit in Mallinckrodt thus reflects a fundamental misunderstanding of the role and scope of the patent-exhaustion doctrine. ... The court of appeals’ approach cannot be reconciled with those [Supreme Court] precedents,"[9] and more generally that the Federal Circuit’s Quanta opinion based on Mallinckrodt “rests on the same erroneous understanding of patent exhaustion that infuses the Federal Circuit’s approach to this area of the law."
Long story short, that single ruling in Mallinckrodt v. Medipart is in direct conflict with an unbroken line of prior precedents set as high as the Supreme Court.
Good point. Since the 944 were initially lumped into two suits before being split out, they may have a leg in court to roll it back into the two lump classes.
944 defendants can share the expenses, thus allowing them to hire top attorneys at a fraction of the individual cost. Given these kinds of cost/benefit, the 944 can stand and fight like an army. They might even be able to counter with a class action lawsuit.
1 defendant, on the other hand, is in way over his head and is more likely to settle.
Is this school really choosing to genericize and homogenize to the lowest common denominator?
Science is the foundation of technical mastery and is critical to the strength of a society.
I hope I am speaking to the choir when I say that I lament for the minds that will suffer for a lack of education, and for the businesses, families and communities that will never see those undeveloped talents take hold and bear fruit.
All of the other bands mentioned have been willing to release their music for Rock Band 1 and 2.
I recall reading a statement along the lines that the whole point of the Beatles Rock Band was "to protect the integrity of the music." Translated into English: "We're too vain to become just another bunch of tracks in the core game."
The joy of Rock Band is in (a) gameplay and (b) the broad selection of music. Rock Band is loaded with great music. I personally have lost count of how many songs I have in my library - songs from great artists spanning 4 decades of music.
So now the promoters of the Beatles come along and DEMAND that users swap disks to play just them. Vanity is what killed sales.
I'm gonna patent:
I'm going to patent "having sex with my wife to produce offspring with brown hair".
(We both have brown hair, and so do our kids, so it's a working method and product, right?)
Of course, then I'll get challenged on similar grounds, back off the "method", and hopefully get the patent for just brown hair itself.
If I can get this to fly (and I'm pretty sure I can, the way patents get approved these days) I figure I can squeeze the world for a cool couple billion.
You have got to be kidding me... (as KeithV)
Please ... PLEASE ... tell me that was a joke...
Re: Confused
Is it time to send them a fruit basket and a "get well soon" card?
Re: (as KeithV)
Senshikaze, I completely agree with you. The distinction is between inventor and non-inventor, not independant inventors.
During a development project, I ran across no less than a dozen real grossly questionable patents. Of them, only two had ever been reduced to an actual working invention; all the rest were concepts and drawings only.
What the quotes tell me is that I could challenge my standing against the ten that were pipe dreams, because I was an actual "inventor". The other two, that had acutally been reduced to a working invention by real inventors would still be in my way.
Re: (as KeithV)
Senshikaze, I completely agree with you. The distinction is between inventor and non-inventor, not independant inventors.
During a development project, I ran across no less than a dozen real grossly questionable patents. Of them, only two had ever been reduced to an actual working invention; all the rest were concepts and drawings only.
What the quotes tell me is that I could challenge my standing against the ten that were pipe dreams, because I was an actual "inventor". The other two, that had acutally been reduced to a working invention by real inventors would still be in my way,
Re: Re: (as KeithV)
It doesn't matter. It's a brief segment used to frame the question. Perfectly fair.
What I want to know is how you can get an Oscar nomination for blatantly lying.
It's because Steve is the new Messiah (as KeithV)
It goes from God to Jesus to Steve.
By divine right, Steve can do and say what he wants, and we all have to go along with it.
(untitled comment) (as Keith V)
"Imagine, though, how much bigger that contribution might be had the Patent Office been able to process the applications that it has still not even looked at. There are more than 700,000 of these."
Imagine it?!? I can't wait!!! $2000 to replace my $500 smart phone. The inability to innovate. Time frozen at the current state of technology because nobody can navigate the thicket.
I'll never have to upgrade! I'll have to waste time learning new features! What an awesome world!
Re: (as KeithV)
True or not, he might as well argue that the lightbulb is destroying the candle-making industry.
I could actually be a good thing (as KeithV)
There have been cases mentioned on this site about private companies getting patents on Federal research, so it could be a good thing that the Federal Government pre-empts the private sector in this way...
... Presuming of course that those patents remain free to the public in perpetuity ...
... Which of course they won't ...
Re:
I'm not so sure that you can "guarantee" that.
From the wikipedia page:
"Until the Federal Circuit’s Mallinckrodt decision, an unbroken line of Supreme Court and lower court precedents held that the patentee’s patent right over a product that the patentee sold (or that a licensee authorised to make a sale sold) ended at the point of sale."
...
"The Federal Circuit’s Mallinckrodt doctrine has not avoided criticism as allegedly stating legal rules that contradict Supreme Court decisions. Thus in 2007, the United States Solicitor General filed an amicus curiae brief in Quanta Computer, Inc. v. LG Electronics, Inc.,[8], stating, as to the first prong, "The test adopted by the Federal Circuit in Mallinckrodt thus reflects a fundamental misunderstanding of the role and scope of the patent-exhaustion doctrine. ... The court of appeals’ approach cannot be reconciled with those [Supreme Court] precedents,"[9] and more generally that the Federal Circuit’s Quanta opinion based on Mallinckrodt “rests on the same erroneous understanding of patent exhaustion that infuses the Federal Circuit’s approach to this area of the law."
Long story short, that single ruling in Mallinckrodt v. Medipart is in direct conflict with an unbroken line of prior precedents set as high as the Supreme Court.
I say defendant has a case.
Re:
... or to tell the truth if they do understand.
Re: someone needs to create a website for them
Good point. Since the 944 were initially lumped into two suits before being split out, they may have a leg in court to roll it back into the two lump classes.
Why individual suits
Simple:
944 defendants can share the expenses, thus allowing them to hire top attorneys at a fraction of the individual cost. Given these kinds of cost/benefit, the 944 can stand and fight like an army. They might even be able to counter with a class action lawsuit.
1 defendant, on the other hand, is in way over his head and is more likely to settle.
Re: Re: You sort of have to read the whole story (as Analyst)
Ah the dichotomy between sports and science.
- Football and the challenge of the fight stokes the fire in spirit of the many.
- Science serves the many, but truly only inspires the few.
Which will win when the popular vote is tallied?
Next comes the handicapping (as Analyst)
Is this school really choosing to genericize and homogenize to the lowest common denominator?
Science is the foundation of technical mastery and is critical to the strength of a society.
I hope I am speaking to the choir when I say that I lament for the minds that will suffer for a lack of education, and for the businesses, families and communities that will never see those undeveloped talents take hold and bear fruit.
All the other bands... (as Analyst)
All of the other bands mentioned have been willing to release their music for Rock Band 1 and 2.
I recall reading a statement along the lines that the whole point of the Beatles Rock Band was "to protect the integrity of the music." Translated into English: "We're too vain to become just another bunch of tracks in the core game."
The joy of Rock Band is in (a) gameplay and (b) the broad selection of music. Rock Band is loaded with great music. I personally have lost count of how many songs I have in my library - songs from great artists spanning 4 decades of music.
So now the promoters of the Beatles come along and DEMAND that users swap disks to play just them. Vanity is what killed sales.
Piece of Cake (as Analyst)
"State Secrets"
Seems legal ... with limits (as Analyst)
I'd challenge that this should be treated like phone tapping, and require a court order.
Kindle (as Analyst)
Amazon's recent release of the latest Kindle may be print media's only hope for charging.