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RE: Judge rules in favor of Eolas

• To: 'Frank' <frank@t...>
• Subject: RE: Judge rules in favor of Eolas
• From: "Bullard, Claude L (Len)" <clbullar@i...>
• Date: Fri, 16 Jan 2004 12:34:15 -0600
• Cc: xml-dev@l...

I didn't say wholesale infringement.  I said, ignoring 
it altogether.  It's ludicrous to shift all the blame 
to the PTO when a judge is ruling.  Now, is it the case 
that the patents are hard to evaluate?   Sure.  If one 
isn't an expert with thirty or forty years experience, 
it is tough to read documents in which the same thing 
has been expressed fifty different ways because not 
only are the researchers unaware of each other, each 
company or 'inventor' keeps making up terms and 
applying them to their own work as if it were novel.

Quick Test:  

o What are inline links and what were they 
called before that?  

o  Is <a href="" an innovation as some seem 
to claim from time to time?

o  Who is Truly Donnovan and why should a 
patent examiner care?

o  Are stylesheets for markup a web innovation, 
and if not, who first applied them to the 
hypermedia field?

What went around has come around.

len

-----Original Message-----
From: Frank [mailto:frank@t...]

On Fri, 2004-01-16 at 10:56, Bullard, Claude L (Len) wrote:
> A question to ask is why was the system working ten years 
> ago and why is it not working now?  Scale and opportunity.
> 

Alternatively because the examination process for software (and
apparently business process patents) is broken.

First, the PTO did not start issuing software patents until there was
nearly 50 years of prior art, none of which was in their archives.
Assimilating this would have been difficult no matter what. The PTO did
not IMO make even a mediocre attempt at this admittedly very difficult
task.

Secondly, they don't seem to be doing even what they should be doing,
which is patenting each development only once. If they did that, we'd
only have twenty years of mess while the unscrupulous patented
everything developed between 1946 and 1990. However, the PTO doesn't
seem real good at recognizing the same concept expressed in different
words, so they're issuing multiple patents on the same thing over and
over. The database is my favorite example. I bet they've issued 100
patents including the claim to have invented the idea of a data store
which can be queried and updated.

IOW Len, I disagree that the problem is wholesale infringement. It's
starting to issue patents in a field with a ton of existing art, and
it's continuing to issue replicative patents in that field.

If a software patent actually had a reasonable probability of being what
it claims to be, instead of a mere license to sue, most of the bogosuits
would go away.

Frank

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