Time to raise the bar of patents, not lower it
Summary: Another new batch of embarrassingly-trivial patents (the bar is set too low), Twitter's reluctance to have anything to do with patents, and news from Europe and Apple
"Breaking: Amazon 1-click invention is patentable subject matter, says Justice Phelan of the Cdn. Fed. Ct. Reasons," claims Yuri Chumak who points to this new decision [PDF]
"Dear website owner, congratulations on your excellent site, which includes features covered by our registered patent, #5,251,294. As the description indicates, many of the components on your pages, particularly your menus, rollover images, and shortcuts, are detailed in our claim. We would be delighted to lease these to you at a reasonable royalty rate of $80,000. Please call our offices at your convenience to arrange a payment schedule."
Nuts, right? We wish. Meet the Webvention Company, which appears to exist largely for the purpose of collecting money from companies whose online sites include commonly used features that can be construed as part of patent 5,251,294.
This is a nice phrase to startle computer sellers in most stores. Why is it that most computers come with Windows preloaded? To satisfy the users?? I guess that the price reductions on Windows licenses for OEMs --and price increases if they dare to sell equipment without Windows preloaded--have nothing to do with it. Nor does Microsoft's interest in fair competition and fair play.
So...if Windows comes with the computer, does that mean that Windows is part of the computer?
Clearly not. Microsoft licenses mean that the software is neither part of the computer nor yours. For the vendors, the licenses mean they have the permission to install it. What is yours is the permission to use it in your system. Do you own a copy of Windows? No, you don't. All of them belong to Microsoft, but they give you the privilege of using it--for a *small* price, of course! This resembles communism so much if you ask me. The differences are the entity that owns the goods and how people are granted the permission to use them. And still some say that Open Source equals communism??!!
Twitter co-founder Evan Williams predicted yesterday that the social media company will hit a billion users in time. It seems like wishful thinking if you look at the company’s traffic trend lines, but there’s no question that Twitter is big in social media. That’s why I find its patent strategy curious. Check US Patent Office records week after week and you begin to notice that Twitter doesn’t appear to ever file an application, let alone receive a granted patent.
Patents aren’t what they used to be at the World Intellectual Property Organization. Discussions to come up with a work plan at the Standing Committee on the Law of Patents (SCP) this week and in recent meetings point to the possibility of a sea change in thinking over what matters about intellectual property policy and law.
“Seeing as royalty-free standards can be implemented by anyone, where exactly do you see a barrier to trade in that?” added Karsten Gerloff, president of the Free Software Foundation Europe. The FSFE position on patents and standards is here.
Apple's invention, which may or may not ever find its way into an actual product, aims to stem the scourge of offensive texting.