[Video] The Current, Contemporary Patent System Seems to Be Failing Even Very Large Companies
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Rethinking the Current Patent System
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THE "trade" or "occupation" of lawyers has always benefited from lawsuits. They profit from plaintiffs. They also profit from defendants. What about scientists in the domain of patents? Or productive companies in that same domain? Do they stand to gain like lawyers do?
Well, not really. It depends. Regardless, the only party to always win is the lawyer/s. They make money from chaos and feuds.
The other day we took note of Apple having trouble after the United States 'International' Trade Commission had issued a ban, partly due to software patents.
Does that mean that Apple will lose a lot of money and decide to change its stance on patents?
We've attempted to understand which patent numbers are the Masimo software patents which trouble Apple, as the media does not go that deep. It's underfunded and lazy.
One of the articles last week mentioned that the Apple Watch problem was about an algorithm, an associate notes. Thus software patents are a problem for Apple.
But none since have written anything, the associate adds. Can the patent numbers for the offending patents be found? Well, it's not easy.
It's definitely a patent thicket, the associate notes. There's patent #10627783. Five pages, two columns, of related patents on the application, but it is not a software patent though. The document is a JPEG or similar bitmap wrapped in PDF so it's not searchable - on purpose.
This document (combined Patent Trial and Appeal Board (PTAB) notice of appeal) might contain the 10 patents and one of them, a non-searchable bitmap, reveals what we're dealing with. It's vague, but algorithms are shown as a 'part'. So it is, indeed, about software patents.
One of the patents in question:
Algorithm as flowchart:
There are more flowcharts in there. It's like a decision tree.
My video deals with the issue in the abstract. One can hope that large corporations with legions of lobbyists will decide to alter the U.S. Patent and Trademark Office (USPTO), making it more sane after 35 U.S.C. § 101 and Alice at SCOTUS (2014). We want to see all software patents squashed for good. █