Although it sounds of a malformed naive question, at times patent
applicants do want to copyright their patent. The patent application
may, for instance, include software code, prose, or particular
schematics that would seemingly be amenable to copyright protection.
Published works are no longer required to include any copyright notice, and the PTO has never indicated (AFAIK) that submission without the copyright notice constitutes a waiver or abandonment of copyright protections. However, the failure to include a (c) notice could potentially be relevant to fair-use analysis.
Showing posts with label USPTO. Show all posts
Showing posts with label USPTO. Show all posts
Thursday, May 21, 2015
Thursday, May 14, 2015
If patent reform goes wrong
Let me start with a disclaimer that may soon become obvious to you all, I’m the least expert member of this panel when it comes to analyzing the specifics of the pending patent reform bills and how they will impact various constituencies. Luckily, the other panelists more than make up for my deficiencies.
If we try and look at the current patent reform debate objectively there are some overall themes it might be helpful to consider. One is what a poor job we have done as a community over the years presenting the importance of the patent system to the American public and our political leaders. That’s now come back to bite us.
If we try and look at the current patent reform debate objectively there are some overall themes it might be helpful to consider. One is what a poor job we have done as a community over the years presenting the importance of the patent system to the American public and our political leaders. That’s now come back to bite us.
Veeam Software defeats Symantec in favourable USPTO rulling
Veeam Software has announced a victory over Symantec, with the U.S. Patent & Trademark Office (USPTO) Patent Trial and Appeal Board issueing final written decisions on four more inter partes reviews in Veeam's favor. The decisions conclude that all of the remaining patent claims Symantec asserted against Veeam in its second lawsuit in U.S. District Court of Northern California are invalid, thus vindicating Veeam’s innovative approach to delivering availability solutions for the modern data center.
These USPTO decisions are the latest triumphs for Veeam in a three-year dispute initiated by Symantec because its legacy physical backup products could not compete with Veeam's innovative approach to delivering availability solutions for the modern data center
These USPTO decisions are the latest triumphs for Veeam in a three-year dispute initiated by Symantec because its legacy physical backup products could not compete with Veeam's innovative approach to delivering availability solutions for the modern data center
Saturday, May 09, 2015
EFF Asks Patent Office to Focus On Protecting Public from Bad Patents
This week, together with Public Knowledge and Engine, EFF submitted written comments to the Patent Office regarding its Patent Quality Initiative. We urge the Patent Office to ensure that this program actually reduces the number of invalid patents being issued. Its quality efforts should serve the public interest, not the special interests of patent applicants.
[EFF has] written before about the Patent Office’s problem with software patents. The Patent Office does a very poor job searching for prior art and protecting the public from vague and overbroad claims. There are good reasons to think that software patents are a bad idea even if applications are reviewed carefully. But they cause even more harm when the Patent Office does a bad job. Once issued, invalid patents are very expensive to formally invalidate. Patent litigation can cost millions of dollars—an unreachable sum for members of the public wishing to reclaim property that ought to have been the public’s from the start.
[EFF has] written before about the Patent Office’s problem with software patents. The Patent Office does a very poor job searching for prior art and protecting the public from vague and overbroad claims. There are good reasons to think that software patents are a bad idea even if applications are reviewed carefully. But they cause even more harm when the Patent Office does a bad job. Once issued, invalid patents are very expensive to formally invalidate. Patent litigation can cost millions of dollars—an unreachable sum for members of the public wishing to reclaim property that ought to have been the public’s from the start.
Saturday, May 02, 2015
BitGo Accused of Seeking Patent of Bitcoin Multisig Technology
Bitcoin wallet company BitGo, Inc. is currently alleged to be making attempts to patent the Bitcoin multisig technology.
The San Francisco based company had submitted a patent request to the United States Patent and Trademark Office (USPTO) on February 4th last year, a document of which was published yesterday, on April 30th 2015. The document reveals BitGo’s application in which it is seeking a patent for a network device that is “configured to receive public keys, over an electronic network, of two or more second public-private keys,” something that is reportedly identical to the multisig functionality.
The San Francisco based company had submitted a patent request to the United States Patent and Trademark Office (USPTO) on February 4th last year, a document of which was published yesterday, on April 30th 2015. The document reveals BitGo’s application in which it is seeking a patent for a network device that is “configured to receive public keys, over an electronic network, of two or more second public-private keys,” something that is reportedly identical to the multisig functionality.
Sunday, April 19, 2015
U.S. patent chief in Detroit: We'll get faster
Michelle Lee, the new director of the U.S. Patent and Trademark Workplace and undersecretary of commerce for intellectual house, stated the agency is aiming to be more responsive to tech organizations that are searching for patents.
USPTO's aim, she stated, is to provide patent decisions within an average of 20 months by 2019. It at present can take years for patent applications to make their way by means of the system, an excruciating delay for businesses that have to have patents to introduce new merchandise and add jobs.
"We do recognize that it is critically critical that providers get their intellectual property rights swiftly so that you can take venture capital funding and enter the markets,"
USPTO's aim, she stated, is to provide patent decisions within an average of 20 months by 2019. It at present can take years for patent applications to make their way by means of the system, an excruciating delay for businesses that have to have patents to introduce new merchandise and add jobs.
"We do recognize that it is critically critical that providers get their intellectual property rights swiftly so that you can take venture capital funding and enter the markets,"
Wednesday, April 15, 2015
Apple Patents method to automatically broadcast updates
Deny that its the end of privacy as much as they like but this is a really scary innovation by Apple who added another new patent to its ever increasing patent portfolio. Granted by the USPTO, the patent describes a software option which would analyze factors such as your time zone, battery percentage, location, phone sound profile and network signal strength to automatically determine your call availability, and then transmit your status to your friends.
Saturday, April 11, 2015
USPTO’s examples for patent eligibility examined
"The second installment of a three-part series examining the USPTO's Interim Guidance on Patent Subject Matter Eligibility. The first installment describes the Interim Guidelines' implementation of the Supreme Court's two-part test for determining patent eligibility. Now, we will review examples published by the USPTO of patent-eligible and patent-ineligible claims."
"When the Supreme Court issued its decision in Alice, many believed the decision spelled the end of software patents. However, the examples provide several samples of how software-related patents may be patent-eligible."
"When the Supreme Court issued its decision in Alice, many believed the decision spelled the end of software patents. However, the examples provide several samples of how software-related patents may be patent-eligible."
Full Article: Ryan M. Corbett, Inside Counsel
EFF Busts Podcasting Patent, Invalidating Key Claims at US Patent Office
The U.S. Patent and Trademark Office (USPTO) invalidated key claims in the so-called “podcasting patent” today after a petition for review from the Electronic Frontier Foundation (EFF)—a decision that significantly curtails the ability of a patent troll to threaten podcasters big and small.
“We have a lot to celebrate here,” said EFF Staff Attorney Vera Ranieri. “But unfortunately, our work to protect podcasting is not done. Personal Audio continues to seek patents related to podcasting. We will continue to fight for podcasters, and we hope the Patent Office does not give them any more weapons to shake down small podcasters.”
EFF partnered with attorneys working pro bono and the Cyberlaw Clinic at Harvard's Berkman Center for Internet and Society to craft the petition for review with the USPTO.
“We have a lot to celebrate here,” said EFF Staff Attorney Vera Ranieri. “But unfortunately, our work to protect podcasting is not done. Personal Audio continues to seek patents related to podcasting. We will continue to fight for podcasters, and we hope the Patent Office does not give them any more weapons to shake down small podcasters.”
EFF partnered with attorneys working pro bono and the Cyberlaw Clinic at Harvard's Berkman Center for Internet and Society to craft the petition for review with the USPTO.
Wednesday, October 01, 2014
US Cracking Down on Software Patents
Press release by Fenwick and West who appear to be IP lawyers in the USA
"The patents unanimously struck down by the Court were for an electronic escrow service for online securities sales. The Supreme Court ruled that an abstract idea like escrow, which has been around for hundreds of years, does not become patent eligible simply by being executed online. Since then, the USPTO has drawn a much tougher line regarding similar patent claims."
They continue talking about how recent changes have made US patent rules more like those of Europe.
"The patents unanimously struck down by the Court were for an electronic escrow service for online securities sales. The Supreme Court ruled that an abstract idea like escrow, which has been around for hundreds of years, does not become patent eligible simply by being executed online. Since then, the USPTO has drawn a much tougher line regarding similar patent claims."
They continue talking about how recent changes have made US patent rules more like those of Europe.
Wednesday, November 11, 2009
Microsoft Patents Sudo? Groklaw
Groklaw reports.
The article contains a reprint of Wikipedia's summary of the history of the Unix (Linux, FreeBSD, Mac OS X) Sudo utility and claims that Microsoft's patent is bogus because of this prior art and that Microsoft must have known about Sudo.
NB: From 2009, but I only found it in January 2012. I've adjusted the post date appropriately.
Here it is, patent number7617530. Thanks, USPTO, for giving Microsoft, which is already a monopoly, a monopoly on something that's been in use since 1980 and wasn't invented by Microsoft. Here's Wikipedia's description of sudo, which you can meaningfully compare to Microsoft's description of its "invention".
The article contains a reprint of Wikipedia's summary of the history of the Unix (Linux, FreeBSD, Mac OS X) Sudo utility and claims that Microsoft's patent is bogus because of this prior art and that Microsoft must have known about Sudo.
NB: From 2009, but I only found it in January 2012. I've adjusted the post date appropriately.
Sunday, March 30, 2008
Are software patents evil?
Are software patents evil?
By ptc
In fact, the very argument that "software patents are evil" is incorrect. It doesn't say that "patents are evil"; what is says is that this otherwise working fine system of patents becomes evil when applied specifically to software ...
Software patents underlie a novel open source business model (video)
By Catarina
"Software patents are evil." Ask almost any free or open source software advocate, and they'll you that software patents kill creativity and keep computer science from advancing as rapidly as it would if everyone shared their basic work ...
Microsoft's Young Siblings Harness Software Patents
By Roy Schestowitz
Two companies that are affiliated with Microsoft keep 'busy' on the patent front, USPTO denies problems, even wrt to software patent.
Open Source Business Model Using Software Patents
By Ryan Adams
Joe Barr writes "Robin Miller has an exclusive video interview with Larry Rosen and Fred Popowich this morning on Linux.com about their new open source business model which includes software patents in its DNA. ...
What good is a CC licensed specification?
By Mike Linksvayer
Software patents may be the main legal barrier to such use. This is why patent grants often get the most thorough public vetting of any non-technical aspect of a new specification and why (for example) the debate over the W3C's patent ...
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