Comments on: Proposal: An Independent Inventor Defense Against Software Patents

By: Exectweets » fredwilson at 01/12/10 01:26:52

Exectweets » fredwilson at 01/12/10 01:26:52 — Sat, 01 May 2010 01:14:16 +0000

[...] Pro Tweets Feld’s views on SW patents http://www.feld.com/wp/archives/2010/01/proposal-an-independent-inventor-defense-against-software-pa... fredwilson – Tue 12 Jan 13:26 All Things [...]

By: patenthitman

patenthitman — Mon, 15 Mar 2010 13:54:23 +0000

Speaking of patent troll... I'd like to suggest a defense to patent trolls and frivolous patent lawsuits! http://patenthitman.com/

By: bfeld

bfeld — Sat, 16 Jan 2010 20:06:04 +0000

Yes – Google Ad Irony is so entertaining! Thanks for the link to the story – very useful.

By: Ashwin Jayaprakash

Ashwin Jayaprakash — Fri, 15 Jan 2010 19:49:46 +0000

What's ironic are the Google ads on this page about companies wanting to help the reader with his/her Patent applications

Here's a story about a German independent XML software developer/vendor and his experience with the so called "no software patents" in Europe – http://saxonica.blogharbor.com/blog/_archives/200…

By: Derek Scruggs

Derek Scruggs — Fri, 15 Jan 2010 15:57:25 +0000

Carl, you're a troll. I've raised money and sold companies without patents multiple times.

I've also written tons of software and not once used the USPTO for inspiration. No one does except lawyers looking for prey.

By: Dave

Dave — Fri, 15 Jan 2010 15:38:03 +0000

The truth is, there has never been a worse time to acquire patent protection. While dimwitted out-of-work so called software developers blame all their troubles on trolls, and the liars who gang up and say "oh, we could have thought of that!"….this is the absolutely worse time EVER to attempt to get a patent.
Think of a tall sandwich. Patents are one slice. The next slice is everyone who says "we need innovations", then reject anything that is new and different. Then there's the extreme prejudice of support given to anyone in the Bay area, and the "us against them" mentality if breeds. And the grinding day-to-day generation of funds to support continued development and other expenses such as packaging, lawyers, broadband expense, food to eat, etc. And all the while knowing some big jackass company out there with revenues in the billions will stomp on you and take everything you have in a heartbeat, then go to court and bury you with testimony they thought of it back, somewhere, if only they could find the evidence. Then come here one morning and read the same toady chimes about patents. What the hell.

By: Dave

Dave — Fri, 15 Jan 2010 15:37:44 +0000

I don't think you have the foggiest idea what you're talking about. You might, if you were a little nobody and had to endure a few years of mindless rejection by an examiner that is given about two minutes to read all your source material and the carefully worded application you paid a fortune for the best attorneys to prepare, an examiner who thinks a diesel engine and a hypodermic syringe are equivalent because they both employ a piston in their construction.

By: bfeld

bfeld — Fri, 15 Jan 2010 08:01:04 +0000

Super – and yes – that’s a perfect example of the nonsense we are dealing with.

By: Christian Vanek

Christian Vanek — Fri, 15 Jan 2010 01:43:32 +0000

I'll help as much as I can. My experience in this regard is limited, but a perfect example came across my desk today. One of our customers is being harassed by a Chicago based company who feels they own the patent to those little feedback links at the bottom of everyone's website. To be more specific, they claim to have patented any feedback collection associated with a web page.

This type of thing has to stop. In this case the offending organization is largely considered to be a reputable firm! It's such an amazingly bad practice, it's unenforceable, frustratingly annoying and ultimately self-destructive.

By: sigmawaite

sigmawaite — Thu, 14 Jan 2010 23:24:33 +0000

You wrote:

"Do you think one of those big companies would buy you out if they could 'independently' invent the technology and take it over?"

Mostly they can't "independently invent": Reasons are organizational, technical, etc. E.g., a CEO might sponsor novel work, and otherwise the management chain just will not. Even the 'research group' won't.

Problem's fundamental, needs too much 'field crossing'.

You wrote:

"The biggest gold mine in the world is the United States Patent and Trademark Office database."

I have some favorite 'gold mines' — class notes from my favorite Ph.D. courses, etc. Patents? Never heard of anyone who got anything; 99 44/100% mud and gravel where all the gold is just 'prior art' anyway.

'Prior art'? Uh, there's a big reason the US supports math, physical science, and engineering so well in the 24 or so top research universities: Can't get ahead of it.

For software, I prefer just trade secret protection: If it's on a server, then everyone else should f'get about it. If ship it, then have a license agreement not to decompile, etc. It it's visible as in a user interface, then that's not obscure enough for any legal protection. Same for 'business processes'.

If someone else wants to reinvent the 'secret sauce' in my server side code, then 'go for it, guys; lots of luck — you'll need it'. For essentially anyone in CS or 'infotech', you'll be "digging in the wrong place", way wrong place.

For your devotion to the USPTO, where did you get that really strong funny stuff Legal Nonsense Magic Love Potion No. 9? Consider going cold turkey.