09.02.15
Gemini version available ♊︎Software Patent From Troll Called ‘Rothschild Connected Devices Innovations’ a Symptom of a Rotten Patent System
Yet another “over the Internet” patent gets flagged
Summary: Another example of patent trolls and software patents as gatekeepers and parasites, denying access to very trivial ideas or implementations
“Stupid Patent Of The Month” this month was mentioned by the EFF on the last day of August, giving us another glimpse at “over the Internet” patents — so-called ‘innovations’ that basically involve just connecting an existing thing to the Internet. It’s a sham and an embarrassment to the USPTO. Rothschild Connected Devices Innovations is just a litigation apparatus, which makes it a classic patent troll, not just holder of an ugly patent.
The EFF’s rant (composed by Daniel Nazer) was reprinted in TechDirt, as usual, stating: “Imagine if the inventor of the Segway claimed to own “any thing that moves in response to human commands.” Or if the inventor of the telegraph applied for a patent covering any use of electric current for communication. Absurdly overbroad claims like these would not be allowed, right? Unfortunately, the Patent Office does not do a good job of policing overly broad claims. August’s Stupid Patent of the Month, U.S. Patent No. 8,788,090, is a stark example of how these claims promote patent trolling.
“A patent troll called Rothschild Connected Devices Innovations, LLC (“RCDI”) owns a family of patents on a system of customizing products. Each of these patents stems from the same 2006 application. The idea is simple: connect some kind of product mixer to the Internet and allow users to make custom orders. The application suggests using the system to make beverages or shampoo.”
This is basically a software patent and it ought to be thrown out along with many other patents that are equally ridiculous. Watch Apple‘s latest ludicrous patent to have made headlines. Putting smoke detection “over the Internet” or “on a phone” is now deemed patentable too? Were the patent examiners drunk?
“The problem is not just various particular companies but the system itself. Until or unless it correct itself this abuse will carry on.”“Patents need to be questioned,” wrote IP Kat today, “questioning whether we have that balance right.” Alluding to the recent articles from The Economist (almost a month later), the author “notes the magazine’s support for the abolition of the UK patent system in the 19th century. The Economist is not immune to flip-flopping (e.g. flip-flops on African economies). TechDirt finds flip-flops on patents in the last five years. In 2015, The Economist is arguing in favour of patent policy reform with higher thresholds for patentability and shorter terms in what they call a “rough-and-ready” system.”
It is clear that the aforementioned RCDI patent is not just some rotten apple. Many other patents are equally ridiculous if not even more ridiculous. The problem is not just various particular companies but the system itself. Until or unless it correct itself this abuse will carry on. █
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