EVERY once in a while it is worth reminding everyone that numeric counts of patents mean too little if the quality of the patents is low and thus they are simple to invalidate.
Microsoft wins 'emotiflag' patent, despite Lotus Notes precedent
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A few years ago, Microsoft made headlines for seeking a patent on the email "emotiflag" -- an emoticon, chosen by the sender, that appears along with the subject line in the recipient's inbox. The application was controversial because the idea was actually introduced years earlier as "Mood Stamps" in Ray Ozzie's Lotus Notes.
You can look for yourself in the U.S. Patent and Trademark Office database: Patent No. 5,819,372; inventor: Robert D. Magoon, Duluth, Ga.; assignee: Microsoft Corporation, Redmond, Wash.
I asked Microsoft's public relations department at the time but they were unable to assist.
Then life moved on.
“Microsoft has been actively engaged in brainwashing (indoctrinating) children so that they become fans of patents.”One of our readers brought to our attention a Web site called "Invent Now"
"It's like a "patent Kool-Aid kit" for children," explains the reader, adding that it "seems to be sponsored by the UPSTO."
To quote from the parental section: "Teachers, inspire your students through problem-solving exercises, exploration, creativity and the inventive process. At the same time engage them in learning about the intellectual property protections of patents, trademarks, copyrights, and trade secrets."
"I think the whole purpose of this site is to push patents now that they're being questioned," opines our reader.
There are many other interesting posts and articles about patents this week. Here is a sample of some that are more relevant:
● No Patents for Circuits? Since You Insist...
I love this argument:Arguments against software patents have a fundamental flaw. As any electrical engineer knows, solutions to problems implemented in software can also be realized in hardware, i.e., electronic circuits. The main reason for choosing a software solution is the ease in implementing changes, the main reason for choosing a hardware solution is speed of processing. Therefore, a time critical solution is more likely to be implemented in hardware. While a solution that requires the ability to add features easily will be implemented in software. As a result, to be intellectually consistent those people against software patents also have to be against patents for electronic circuits.
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Since software is just algorithms, which is just maths, which cannot be patented, and this clever chap points out that circuits are just software made out of hardware, it follows that we shouldn't allow patents for circuits (but they can still be protected by copyright, just as software can.)
In the (snail) mail this week I happened to get an ad for the Visa Black Card, which Visa is pitching as "exclusive," though I'm guessing that exclusivity is mostly based on finding enough suckers to pay a $500 annual fee for the card.
Those who cannot remember the past are condemned to repeat it’ is a timely reminder for key actors who are bent on pushing failed agendas. As governments and multilateral institutions struggle to recover from a pervasive crisis of confidence stemming from the current political and economic climate, it is important to not make the same mistakes all over again. But the tendency is to cock a snook at such warnings.
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Internally, the abrupt removal of Ram Kishan Singh, a junior official, who worked for nine years in the organisation with an outstanding record and the proposed reforms in the staffing pattern raise serious questions whether developing country officials are specific targets in the onward march of a renewed western IP agenda at WIPO!
Stronger intellectual property may also be unnecessary in another way. Although they are promoted as a tool for enhancing economic competitiveness, readers of Techdirt will know that their effectiveness is, at most, questionable. In the 1980s, there was a boom in American patenting activity, seemingly corresponding with changes to intellectual property laws that were made in response to worries about diminishing national competitiveness (Dahlman 2001). A measure of useful innovation, Total Factor Productivity, should have increased accordingly with the rise in useful, novel and non-obvious inventions, but this has not been the case (Boldrin 2008), providing compelling evidence that, contrary to common usage, patent activity is not equitable with economic benefits.
For starters, whatever the exclusivity period, biologic drugs would also continue to be protected from copycats by patents. And in many cases, the patent protection would last longer than the exclusivity period, making the Congressionally mandated exclusivity a moot point.
Genentech’s Avastin, for instance, has patent protection until 2019 — 15 years after the drug’s 2004 approval by the F.D.A. The company’s breast cancer drug, Herceptin, has patents that extend 21 years from its 1998 approval.
I have just heard the results of the first ICAP Ocean Tomo IP auction, held this afternoon in Chicago. According to the reports I have had, a total of just over $1.5 million was raised, excluding buyer and seller premiums. This is lower than any amount raised at any Ocean Tomo auction and is comfortably less than the approximately $2.75 million generated in San Francisco in March - which itself was seen as pretty disastrous.
One of the reasons I wrote my book Digital Code of Life was that the battle between the public Human Genome Project and the privately-funded Celera mirrored so closely the battle between free software and Microsoft - with the difference that it was our genome that was at stake, not just a bunch of bits.
Comments
Yuhong Bao
2009-07-25 01:22:42
zatoichi
2009-07-25 02:40:37
Dario
2009-07-26 22:10:32
zatoichi
2009-07-26 23:31:00
I have to imagine that you just haven't been paying attention, Dario. All of the objections to Mono stem from concerns that pottions of it may infringe patents held by Microsoft. If those patents are "useless", then what other concerns remain regarding Mono?
Nothing. You’re talking nonsense
Well, one of us is...