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19 Comments
- TakeMyCrabs, on 01/22/2009, -2/+11I wish I could patent breathing. I'd be rich!
- TakeyMcTaker, on 01/22/2009, -4/+12The only thing I don't like about the article is that the title implied the USPTO is actually doing their job. As the article shows, they only do the right thing when great organizations like the EFF force them to. The system is so broken that we have to contribute to outside non-profits, so they can hire lawyers to fix-up the USPTO's failures, and they can only do that after they failed. Why are we paying for any Patent Examination if we're just paying the courts to make the real decision afterwards? We are paying over twice for USPTO=FAIL!
- Oldbitcollector, on 01/22/2009, -0/+7Not to mention all the prior art from '99.. Even I wrote a CGI subdomain script back then. Ghesh..
- lovemorgul, on 01/22/2009, -0/+3New patent rules overturned.
- Spor, on 01/22/2009, -0/+2yeah, I've never understood this argument. Someone please explain to me why I wouldn't want an innovation I spent years of my life creating protected. Is it because I would love for some corporate giant to come along and steal it, then market it with their millions of dollars and push me out of the market.
One can make the argument that it would be a lovely and ideal software world if everything was open, but as of now I just don't buy it. In some aspects you really do need your IP protected. - nydwarf, on 01/23/2009, -0/+1Morons.
- scamper22, on 01/22/2009, -0/+1I think they should really separate the patent industry for different industries.
Class one patents. For drugs (that require significant investment in terms of drug trails....) should follow the current system. It would be very expensive to file such a patent
Class two patents: Software/Hardware where you just file the patent, but it holds a lesser value until actually challenged in court. If you're really willing to spend the money to go to court, then a better look is taken. - fafaforza, on 01/22/2009, -1/+2It's completely ridiculous. How can anyone have any faith in the patent office if something like this, which can be easily looked up and dicredited, (prior art, or whatever) still get past their scrutiny. Anything even a hair more complex would sail through, and it would take real money in court to disprove it.
- spyd3rweb, on 01/22/2009, -2/+3software should not be patentable
- ORBAT, on 01/22/2009, -2/+2Why the hell are you getting dugg down? You're right on the money.
- scamper22, on 01/22/2009, -1/+1blah. and just what is the difference between a new innovation is hardware versus one in software?
- IKORKYI, on 01/22/2009, -3/+3The USPTO did what!?!?!? is hell frozen over!?!?!
- mdude85, on 01/22/2009, -0/+0It happens. Thousands of professionals working at the PTO under a lot of time constraints. Since patent examining is a very subjective process, one PTO professional may view something as obvious while another may view it as novel. PTO defers to the professional working on the case at the time. If new art becomes available after a different or better search, then so be it. It doesn't marginalize the job the PTO is doing. Patent re-examination is a very expensive and complicated process. If EFF doesn't push for it, then a rich law firm or corporation will, it makes no difference.
- vansantpatent, on 01/22/2009, -2/+2Doesn't this just show that the system works? Sometimes a bad patent gets issued by the PTO. Someone says "Hey, that's not new!". You request a reexam and the PTO fixes the mistake. Done. Thousands of patents issued each week, not all are perfect.
- Aleman360, on 01/22/2009, -1/+1This is not really news, most patents require multiple submissions before they're accepted, with some specific claims being refuted. That's one of the reasons the process takes so long.
- mdude85, on 01/22/2009, -1/+0"Why are we paying for any Patent Examination if we're just paying the courts to make the real decision afterwards? "
Who exactly is "we"? Since it is well known that no tax money goes to fund operations at the PTO! The PTO is funded entirely by fees paid by people applying for and maintaining their patents. Please get your facts straight before blabbering on about that which you know nothing, thanks. - seslisohbetci, on 01/22/2009, -1/+0thank you usta saolun
- nasalspray, on 01/22/2009, -3/+1http://digg.com/tech_news/EFF_Virtual_Subdomain_Pa ...
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