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mcherm : patent   271

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Patent Application Names AI as Inventor
They decided to push the legal system. For obvious reasons, I'm sure that they will get a precedent that an AI cannot be an inventor. Also they'll get publicity.
law  ip-law  patent  ai  via:reddit 
10 weeks ago by mcherm
Texas court says photographer has no recourse. - law
Apparently, state institutions in TX can violate copyright with impunity. (But not patents.)
law  ip-law  via:reddit  copyright  patent 
june 2019 by mcherm
Tax dialysis - Bloomberg
The "Tax dialysis" subsection of the linked article is a shorter and clearer summary of the tax dodge that allows EFTs to avoid annual taxes the way mutual funds do. And Vanguard is now using the same dodge on their mutual fund. They've patented the idea (which is a horrible misuse of the patent system in my opinion).
law  taxes  investing  ip-law  patent  patentabuse  via:HackerNews 
may 2019 by mcherm
Stupid Patent Of The Month: Veripath Patents Following Privacy Laws | Techdirt
They have a US patent on offering features to customers who agree to share data. There are laws specifically requiring that kind of behavior.
law  privacy  patent  patentabuse  ip-law  techdirt  via:Techdirt  eff 
march 2019 by mcherm
Software patents poised to make a comeback under new patent office rules | Ars Technica
The federal circuit has effectively interpreted one line in Alice as meaning that it doesn't REALLY overturn software patents and they can bring them back.
law  patent  ip-law  ArsTechnica  via:ArsTechnica 
january 2019 by mcherm
Crowdfunding Backer Patented My Project — Patent Pandas
He invented LED stickers (not very novel), ran a successful Kickstarter, and started a business. Then one of his Kickstarter backers patented it.
law  ip-law  patent  patentabuse  via:SlateStarCodex 
december 2018 by mcherm
Company Tried to Patent My Work After a Job Interview — Patent Pandas
The author successfully prevented a patent from being issued for pop-up books using electronic displays by submitting prior art. They also claim Google effectively stole their idea.
law  ip-law  patent  google  via:HackerNews 
december 2018 by mcherm
MPEG-G: the ugly
A data format standard for DNA sequences is marred by patents (dubious ones).
law  ip-law  patent  patentabuse  standards  via:HackerNews  science 
december 2018 by mcherm
A Decade After Trying To Block Open Source Patent Pool From Buying Its Patents, Microsoft Joins The Pool Entirely | Techdirt
10 years ago, a Microsoft FUD campaign claiming to have unspecified patents that Linux violated forced the open source community to create a defensive patent pool. Today Microsoft joins that pool. Times have changed.
patent  opensource  microsoft  law 
october 2018 by mcherm
Facebook Responds To Blackberry's Silly 117 Page Patent Lawsuit With Its Own Silly 118 Page Lawsuit | Techdirt
Patent on "show the number of unread messages as a number" battles it out with the patent on "click a button to call someone when texting with them". Neither has any business being considered non-obvious.
law  ip-law  patent  patentabuse  techdirt  via:Techdirt 
september 2018 by mcherm
Supreme Court Asked To Correct Appeals Court (Again) And Explain That Patentable Ideas Need To Be New | Techdirt
Mike Masnick of Techdirt argues that someting which was described in a previous patent (but in the description, not the claims section) is nevertheless "new" and thus patentable.
law  patent  ip-law  techdirt  via:Techdirt 
august 2018 by mcherm
Did A Melatonin Patent Inspire Current Dose Confusion? | Slate Star Codex
MIT patented the proper dosage of a drug; the FDA decided to (not) regulate it as a supplement; and that is why all the stores carry an incorrect dose (even now that the patent has expired).
law  ip-law  patent  bureaucracy  via:SlateStarCodex  ScottAlexander  medicine 
august 2018 by mcherm
What Can Small Tech Companies Do About Patent Trolls? | Hacker News
An update on the state of patent trolling in 2018. It's better for defendants these days.
law  ip-law  patent  patentabuse  via:HackerNews 
august 2018 by mcherm
The hunted becomes the hunter: How Cloudflare’s fight with a ‘patent troll’ could alter the game | TechCrunch
Another company (Cloudflare) fighting back against patent trolls, with some pretty aggressive tactics.
patent  patentabuse  law  ip-law 
july 2017 by mcherm
Supreme Court rules Doctrine of Exhaustion (First Sale) Applies for Patents
Just out: You can do what you want with patented stuff you bought (regardless of what lease restrictions you signed) because once you own it they no longer have patent rights in that object.
law  ip-law  patent  via:HackerNews 
may 2017 by mcherm
The Last AC-3 Patent Expired on March 20, 2017
Dolby had a patent on the standard for audio in digital television which has been in place since 1992. They used various methods to extend that patent control.
patent  patentabuse  standards  law  ip-law  via:HackerNews 
march 2017 by mcherm
This is why I drink: a discussion of Fedora's legal state []
About the guy who manages legal issues for the community edition of Red Hat.
law  opensource  RedHat  patent  via:HackerNews 
february 2017 by mcherm
Patent troll sues Netflix over offline downloads | Ars Technica
After Netflix got big in the CD business, someone patented doing the same with writable CDs, but writes it vaguely enough to cover sending any data to people over a computer. Troll now sues Netflix.
law  ip-law  patent  patentabuse  ArsTechnica  via:reddit 
february 2017 by mcherm
Anish Kapoor Gets Exclusive Rights to the World's Darkest Material [UPDATED]
A company invented the "blackest black possible" (a forest of carbon nanotubes applied to a surface), and then they licensed it to a single artist/studio as the ONLY ones allowed to use the material to create art.
ip-law  patent  art  via:HackerNews 
january 2017 by mcherm
» A Time of Endings, Part 3: Mediagenic (or, The Patent from Hell) The Digital Antiquarian
An essay on the history of the company that bought Activision - and how it was brought down by an overbroad, not-very-novel patent.
law  ip-law  patent  patentabuse  history  via:HackerNews 
january 2017 by mcherm
Stupid Patent Of The Month: Changing The Channel | Techdirt
Yep, you can get sued by a patent troll for showing one video after a different one because someone claims to have a patent on changing the channel on a TV.
via:Techdirt  techdirt  patent  patentabuse  law  ip-law 
november 2016 by mcherm
Stupid Design Patent Of The Month: Rectangles On A Screen
Design patents are generally a stupid idea (in my opinion) but overbroad design patents are even worse. Three rectangles in a line and a square under them is a patented design.
via:Techdirt  law  ip-law  patent  patentabuse  eff 
october 2016 by mcherm
Trollala - Fight Patent Trolls Together
There are probably better choices, like but this isn't a bad idea.
law  ip-law  patent 
august 2016 by mcherm
AstraZeneca Tries To Use 'Orphan Drug' Designation To Extend Patent Life Of Top-Selling Pill | Techdirt
A new way to abuse patents! Law allows for a patent-like protection for a new use of an existing drug in special circumstances. AstraZeneca has a profitable drug about to go off patent, so they use this then say generic manufacturers shouldn't be able to sell because doctors might try using it for the special purpose.
law  patent  patentabuse  techdirt  via:Techdirt 
july 2016 by mcherm
Beijing Regulators Block Sales Of iPhones, Claiming The Design Is Too Close To Chinese Company's Phone | Techdirt
China is now using silly patents (like the West has) to block competition. Can't sell iPhones because the design is too close to that of an existing Chinese company.
patentabuse  law  ip-law  patent 
june 2016 by mcherm
Patent For Mini-Games Within Loading Screens Expires; Explosion In Better Game Loading Screens Forecasted | Techdirt
This is actually a really good example of how patents on obvious things serve only to impede progress, not advance it.
law  ip-law  patent  patentabuse  techdirt  via:Techdirt 
december 2015 by mcherm
Gene patents probably dead worldwide following Australian court decision | Ars Technica
Patents on genes are now prohibited in both Australia and the United States. So probably they will soon be prohibited throughout the world.
law  ip-law  patent  via:HackerNews  ArsTechnica 
october 2015 by mcherm
Op-Ed: Lexmark’s war against a man who recycles toner cartridges | Ars Technica
A small printer cartridge recycler argues in court that the doctrine of first sale should trump attempts to control use with patent law even if the sale occurred out of the country.
law  ip-law  patent  ArsTechnica  via:ArsTechnica 
august 2015 by mcherm
Obviously, No One Ever Would Have Thought Of Remote Controlled Sex Toys Without This Patent | Techdirt
In 1998 someone had the "nonobvious" idea that you could run a sex toy remotely, if only you knew how to build such a thing.
patent  patentabuse  law  ip-law 
july 2015 by mcherm
Google Follows Newegg In Going Over East Texas Court's Head To Ask Court Be Ordered To Do Its Damn Job | Techdirt
According to Google's filing in this case, the judges in the east district of Texas are really abusing procedure to the advantage of patent trolls. Here refusing to rule on a motion to transfer to a different district while the case continues.
law  patent  ip-law  techdirt  via:Techdirt 
july 2015 by mcherm
Patent Trolls Strike Back: Trolling Rebounds After Brief Supreme Court-Enabled Dip | Techdirt
Trolls still hard at work even after Supreme Court made it easier to invalidate a patent. Probably because it isn't worth invalidating a patent because it costs more than just paying up.
law  ip-law  patent  patentabuse 
july 2015 by mcherm
Beware the IP non-assert clause in AWS cloud service agreement, warns ex-Microsoft patent chief - Blog - Intellectual Asset Management (IAM) - Maximising IP Value for Business
Amazon has a clause in the AWS terms of service that says you promise not to assert IP rights against them or other users of AWS. They have actually asserted it in court.
law  ip-law  patent  copyright  trademark  cloudcomputing  amazon  shrinkwrap  contractlaw  via:HackerNews 
july 2015 by mcherm
Prescriptions, Paradoxes, and Perversities | Slate Star Codex
Really interesting analysis of medicine for depression. Patients rating drugs well is negatively correlated with doctors rating them well. The strongest predictor of how well patients will rate the is how OLD the drugs are. Are patent law policies leading to bad medicine?
medicine  depression  science  statistics  via:SlateStarCodex  patent 
july 2015 by mcherm
Why one photographer decided to fight a patent on online contests | Ars Technica
A patent on "photo contests on the web", which is used to sue really small operators who can't afford a court fight. EFF steps in.
law  ip-law  patent  patentabuse  eff  photography  ArsTechnica  via:ArsTechnica 
february 2015 by mcherm
Has MakerBot Crossed The Line? For Some, Yes
One 3D printer company, MakerBot, is patenting innovations that were made by others and contributed to them.
3Dprinting  law  ip-law  patent  patentabuse  via:reddit 
january 2015 by mcherm
The Threat of Treble Damages Versus the Benefit of Insight - Archimedes Intellectual Properties
Many lawyers say "don't look at patents because than if you infringe they get triple damages". These folks say, "We looked at the odds and the chance of triple damages is extremely low; some folks should look at patents to see if they infringe."
law  ip-law  patent  via:HackerNews 
december 2014 by mcherm
October's Totally Stupid Patent Of The Month: Filming A Yoga Class | Techdirt
Here is a case of a completely unreasonable patent that was only granted because the inventor kept pestering the patent office until they finally approved it.
techdirt  via:Techdirt  law  ip-law  patent  patentabuse 
october 2014 by mcherm
The True Story of How the Patent Bar Captured a Court and Shrank the Intellectual Commons | Cato Unbound
Very clear and well-written summary of the problem with patent law (and I agree with the summary, the interpretation, and the recommendations). Posted to a site sponsored by the Cato institute.
via:HackerNews  law  ip-law  patent 
september 2014 by mcherm
Magical Drug Wins EFF’s Stupid Patent of the Month | Electronic Frontier Foundation
A patent on a "cure for cancer" (some guy's unhinged ramblings). Also a bunch of examples of "do X 'on a computer'" (AFTER the Supreme Court decision clearly blocking that).
eff  via:Techdirt  patent  law  ip-law  patentabuse 
august 2014 by mcherm
The Good, the Bad, and the Ugly of Adam Carolla’s Settlement with the Podcasting Troll | Electronic Frontier Foundation
A particular case of how expensive patent litigation is. He settled after raising half a million dollars for legal defense because it wasn't enough and he wasn't likely to win.
law  patent  ip-law  eff  via:HackerNews 
august 2014 by mcherm
Law Students Defeat a Patent Troll. — Patents & Technology Law — Medium
Free legal representation from law students in a clinic scares off patent troll.
law  patent  ip-law  via:HackerNews 
august 2014 by mcherm
How Patents Are Stopping Your Microwave From Being Awesome | Techdirt
A good example of how patents are NOT helping to advance science by requiring inventions be made public, but ARE holding it back.
techdirt  via:Techdirt  patent  law  ip-law 
june 2014 by mcherm
How Amazon got a patent on white-background photography | Ars Technica
A really detailed explanation of why absurdly obvious things can be patented under current law. It's not lazy patent examiners, it's court precedent that only things that are written down can be counted, so things that are too obvious to write down are easily patented.
law  ip-law  patent  patentabuse  ArsTechnica  via:ArsTechnica 
june 2014 by mcherm
Supreme Court Unanimously Smacks Down CAFC Two More Times | Techdirt
Wow... are they (the special US patent court) ever getting it wrong.
law  patent  ip-law  via:Techdirt  techdirt 
june 2014 by mcherm
What's the story with the Makerbot patent? - Boing Boing
Cory Doctorow: the patent Makerbot filed appears to be a valid invention. They get flack because they started out 100% open and got less open; closed companies get kudos when they release anything at all because they're moving in the right direction.
law  ip-law  patent  CoryDoctorow  via:boingboing 
may 2014 by mcherm
Top Patent Judge Steps Down Over Ethics Scandal, Highlighting How CAFC Has Become Too Close To Patent Lawyers | Techdirt
The top judge on the patent court was involved in a scandal and resigned (from top judge, not from the patent court). TechDirt calls for the whole patent court to be discarded as a failed experiment.
techdirt  via:Techdirt  law  ip-law  patent  ethics 
may 2014 by mcherm
When Will Patent Trolls Learn Not to Mess with Newegg? | Newegg Unscrambled
Newegg wins another patent fight and brags about it. I'm cheering them on!
law  patent  ip-law  Newegg  via:HackerNews 
may 2014 by mcherm
For world’s biggest troll, first patent case ends up in tatters | Ars Technica
My company sued for violating a patent on "sending alerts to customers when a purchase is over a certain amount". Fortunately, a judge just ruled the patent invalid.
CapitalOne  law  ip-law  patent  patentabuse  ArsTechnica  via:ArsTechnica 
april 2014 by mcherm
Greed and the Wright Brothers -
The Wright brothers were too greedy and it hurt the whole industry and them too.
history  patent  patentabuse  nytimes  via:HackerNews 
april 2014 by mcherm
MARK CUBAN: Here's Why I'm Taking A Big Stake In A Patent Troll - Business Insider
Investor who hates abuses of the patent system buys a stake in a patent troll as a "hedge" against a legal system that otherwise could ruin all his other investments.
via:HackerNews  patent  law  ip-law 
january 2014 by mcherm
Court: Google infringed patents, must pay 1.36 percent of AdWords revenue | Ars Technica
This is exactly how patents are designed to work: someone had an idea "base the price on the click-through rate", they got a patent, a couple of decades later they sue someone who did it independently for a billion dollars or so. It's how the law works, but it's not "right". We should change the law.
law  ip-law  patent  patentabuse  google 
january 2014 by mcherm
Yogaglo Patent Issued | Yoga International
They've patented taking a video of a yoga class (from the perspective of a participant).
law  ip-law  patent  patentabuse  via:HackerNews 
december 2013 by mcherm
The simple fix that could heal the patent system.
Companies can appeal patent rejections and file continuations on "final rejections". This article claims they just keep going until the patent office gets tired and lets them have the patent. It includes a specific example of the slide-to-unlock patent.
law  ip-law  patent  patentabuse  slate  via:HackerNews 
december 2013 by mcherm
Angry entrepreneur replies to patent troll with racketeering lawsuit | Ars Technica
He made millions, now he's spending $1 million to accuse a patent troll of extortion.
law  patent  patentabuse  ip-law  via:ArsTechnica 
september 2013 by mcherm
Are certain actions in games copyrighted? : boardgames
The rule mechanisms for several board games are patented. They cannot be copyrighted
boardgames  patent  law  ip-law  via:reddit  copyright  gamedesign 
september 2013 by mcherm
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