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Seeking prior art where it most often is found in software

By Andy Oram
August 28, 2012

Patent ambushes are on the rise again, and cases such as Apple/Samsung shows that prior art really has to swing the decision–obviousness or novelty is not a strong enough defense. Obviousness and novelty are subjective decisions made by a patent …

Four short links: 30 April 2012

By Nat Torkington
April 30, 2012

Chanko (Github) -- trivial A/B testing from within Rails. OpenMeetings -- Apache project for audio/video conferencing, screen sharing, whiteboard, calendar, and other groupware features. Low Innovation Internet (Wired) -- I disagree, I think this is a Louis CK Nobody's Happy moment. We renormalize after change and become blind to the amazing things we're surrounded by. Hundreds of thousands (millions?)...

Intellectual Property Strategy: a book, a panel, and a movement

By Andy Oram
November 23, 2011

The speakers, who included household names of the free culture movement such as Lawrence Lessig and Eric von Hippel, emphasized the culture shift that is breaking the seemingly iron grip of current policies that favor wealthy companies with portfolios of patents and copyrights. But I think even these speakers failed to convey how huge a sea change in underway.

Intellectual Property Strategy: a book, a panel, and a movement

By Andy Oram
November 23, 2011

The speakers, who included household names of the free culture movement such as Lawrence Lessig and Eric von Hippel, emphasized the culture shift that is breaking the seemingly iron grip of current policies that favor wealthy companies with portfolios of patents and copyrights. But I think even these speakers failed to convey how huge a sea change in underway.

Should the patent office open its internal guidelines to the public?

By Andy Oram
June 3, 2011

Anyone following policy issues around technological innovation has noticed the power and scope of patents expanding over time. To understand the forces contributing to this, I recommend a thoughtful, readable summary--and highlight the role played by internal documents at the patent office.

Software patents, prior art, and revelations of the Peer to Patent review

By Andy Oram
March 2, 2011

Besides the greater openness that Peer to Patent promotes in evaluating individual patent applications, it is creating a new transparency and understanding of the functioning of the patent system as a whole. Problems with prior art disproportionately affect software.

Patent database up and running

By Carl Malamud
November 4, 2010

Thanks to a significant effort, 20 terabytes of U.S. patent data are now on the Internet and 50 more are on the way.

Beware the march of the IP trolls at the House Committee on Small Business

By Andy Oram
July 21, 2010

What new massacre of technological and cultural innovators is being planned behind closed doors?

Another insane Schematron patent? - This time it is IBM

By Rick Jelliffe
April 1, 2010

I don't know whether to be pleased or furious about this. It is a patent on a certain implementation technique for validating parts of documents with selected Schematron rules.

What should happen with OOXML/ODF after the i4i patent?

By Rick Jelliffe
March 24, 2010

Alex Brown has a recently blogged on Document Format Standards and Patents. Some points of interest: Alex expects the customXML feature should be taken out of the new OOXML Strict (the dialect of OOXML which represent what National Bodies actually...

Three quarters of a million patent applications outstanding! - A golden age of invention!

By Rick Jelliffe
February 8, 2010

What a wonderful age we live in! An age where almost a quarter of a million non-obvious ideas without prior art are invented every year.

Four short links: 26 January 2010

By Nat Torkington
January 26, 2010

If Kids Are Awake, They're Probably Online (NYTimes) -- kids aged 8-18 spend, on average, 10 hours/day using smart phone, computer, television, or some other electronic device. (via Hamish MacEwan) Brazil's WIPO Proposal on Patent Limitations and Exceptions -- well-argued proposal for balanced IP law. 16.Our experience also illustrates how difficult it is to effectively make use of compulsory...

IBM patents SGML tag implication? - A conga-line of bottom feeders...

By Rick Jelliffe
January 26, 2010

IBM's patent provides a way annotating a schema so that the text fragments found in element content can implied by the software to belong to an element and therefore to have some simple type. Sound familiar? ISO SGML (IS8879:1986) provides a feature called tag omission. This is a way of annotating a schema so that text fragments in element content can be implied by the software to belong to an element and therefore to have some element type.

Microsoft patents Schematron? - Put on your nappies...

By Rick Jelliffe
January 20, 2010

But yes, I do feel outraged when what I consider obvious ideas and uses of Schematron (or XML or SGML)—the kinds of uses I intended to be enabled for the public benefit—are granted to US corporations as monopoly rights. Even if it is just defensive, it sucks. What kind of dumb cycle have we gotten ourselves into?

Four short links: 12 January 2010

By Nat Torkington
January 12, 2010

Tldr -- an application for navigating through large-scale online discussions. The application visualizes structures and patterns within ongoing conversations to let the user browse to content of most interest. In addition to visual overviews, it also incorporates features such as thread summarization, non-linear navigation, multi-dimensional filtering, and various other features that improve the experience of participating in large-discussions. City...

The fate of WIPO, ACTA, and other intellectual property pushes in the international economy

By Andy Oram
January 6, 2010

Intellectual property wars are fiercer than ever. But we may be in for a pendulum shift.

Peer to Patent Australia recruits volunteer prior art searchers

By Andy Oram
December 24, 2009

The Peer to Patent project has already earned its place in history. But I've been wondering, along with many other people, where it's going. It's encouraging to hear that a new pilot has started in Australia and has gathered a small community of volunteer patent art seekers.

Four short links: 20 October 2009

By Nat Torkington
October 20, 2009

Poles, Politeness, and Politics in the Age of Twitter (Stephen Fry) -- begins with a discussion of a UK storm but rapidly turns into a discussion of fame in the age of Twitter, modern political discourse, the "deadwood press", and The Commons in Twitter Assembled. There is an energy abroad in the kingdom, one that yearns for a new...

Four short links: 7 October 2009

By Nat Torkington
October 7, 2009

Followup to jwz's Palm App Store Fiasco -- redux: still nothing concrete from Palm, but they're saying they'll create a second-rate app store into which open source apps will go (along with apps that Palm hasn't reviewed). Schmidt on YouTube -- the interesting bit for me was Every minute, more than 10 hours of video is uploaded to the...

Microsoft and the two XML patents #4 - HyTime's dataloc

By Rick Jelliffe
August 15, 2009

To allow in 1994 that out-of-line markup was somehow original when there was already an ISO standard to allow it that was then two years old, shows how incompetent or inept the USPTO was at that time:

Four short links: 8 July 2009

By Nat Torkington
July 8, 2009

Stop Whining About Facebook's Redesign (Slate) -- How can I be so sure that you'll learn to like the redesign? Because you did the last two times Facebook did it. The conclusion is that sites don't say why they're redesigning, and that causes the resistance. C# and CLI under the Community Promise (Miguel de Icaza) -- Microsoft have announced...

Four short links: 26 May 2009

By Nat Torkington
May 26, 2009

Flare -- dynamically partitioning and reconstructing key-value server. Currently built on Tokyo Cabinet, but backend is theoretically pluggable. (via joshua on delicious) Implantable Device Offers Continuous Cancer Monitoring -- the sensor network begins to extend into our bodies. The cylindrical, 5-millimeter implant contains magnetic nanoparticles coated with antibodies specific to the target molecules. Target molecules enter the implant through...

Four short links: 26 Feb 2009

By Nat Torkington
February 26, 2009

Three stories about old-media in new-media age, and some patent goblins to leave a bad taste in your mouth: The Kindle Swindle -- the Authors Guild president argues that the robot voice of the Kindle does away with audiobook royalty streams, lucrative for some titles. Doesn't mention the vast majority of books for which there is no audiobook. Creators have...

Southern California Linux Expo: freedom in a service economy, and more

Southern California Linux Expo: freedom in a service economy, and more
By Andy Oram
February 22, 2009

This evening's SCALE blog covers Bradley Kuhn's keynote on Software as a Service, Jono Bacon on security, Red Hat's counsel on patents, and much more (with ample indulgence for my own opinions).

Another ditzy patent application comes up for examination by Peer-to-Patent

Another ditzy patent application comes up for examination by Peer-to-Patent
By Andy Oram
February 18, 2009

Peer to Patent project is examining a patent application that tries to get a monopoly on a trivial tagging mechanism similar to what millions of people use on blogs, social networks, and media sharing sites.

Peer-to-Patent and Article One Drag the Reclusive Patent Onto the Thoroughfare

Peer-to-Patent and Article One Drag the Reclusive Patent Onto the Thoroughfare
By Andy Oram
January 31, 2009

Peer-to-Patent, a research project affiliated with several patent offices, and Article One Partners, a commercial venture, are trying to bring public participation into the patent system. This article describes and compares these organizations, highlights a new "post-issue" site erected last week by Peer-to-Patent to seek prior art on patents that have already been issued, and tries to tease out the social and economic trend represented by the organizations.

Richard Jefferson Interviewed in Com Ciência

By Nat Torkington
December 24, 2008

I enjoyed this interview with Richard Jefferson (caution: PDF) from Com Ciência No. 102, October 05, 2008. Richard runs CAMBIA, a group that fights for open innovation in biological sciences. He's particularly cautionary about the potential for patents to greatly restrict the development of Synthetic Biology (SB): But don't doubt there will be some very interesting biological understanding that emerges...

Bilski patent decision: trying to return patents to their technological origins

Bilski patent decision: trying to return patents to their technological origins
By Andy Oram
November 10, 2008

The software industry is abuzz--almost as much as the legal field--with a October 28 court decision that everyone regards as a verdict on business patents, and that some think it will change software patenting as well. I've just published an exploration of the issue. What I offer here is an inductive exploration based on hypothetical examples.

Microsoft Research offers a sampling in Cambridge, Massachusetts

By Andy Oram
September 23, 2008

The opening of Microsoft Research's latest facility was celebrated today with a free one-day symposium here in Cambridge, Massachusetts. I think the symposium succeeded in its goals of showing that the research facility is an independent entity that plays by the rules of open scientific debate and funds basic research of value to society.

Encouraging results from Peer-to-Patent

By Andy Oram
July 2, 2008

Peer-to-Patent is carrying off one of the most audacious experiments in Internet activism in our day. A report released by the non-profit project in PDF format reports the data from surveys and an analysis of patents handled during the first year of the project. The sample is small (23 patents) but bears some impressive fruit.


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