[Kosh]

http://www.washingtonpost.com/wp-dyn/content/article/2007/10/23/AR2007102301335.html

Beyond the circularity of the concept, IBM's application is notable because the company _ the world's top patent holder _ has been campaigning to improve the quality of patent filings and reduce so-called "business method" patents.

"I think this is absolutely a business method patent," said Barbara Fiacco, a patent attorney with Foley Hoag LLP.

And appearently this isn't the first time they've done something like this

[/quote]Because of IBM's vocal stance on patents, the company took some ribbing on tech blogs recently when an application surfaced in which IBM sought to patent a method for outsourcing labor.[/quote]


That gives me a great idea: Let's patent breathing! Then HLP and all its affiliated websites will have all the money they will ever need for all of eternity.   This kind of obscene abuse of the patent system is simply rediculous, and is getting worse and worse. The USPTO is in dire need of reform, before someone actually does patent bodily functions.

[jr2]

Meh... I'll patent IBM's patented patent for making money from patents, and include a patent for all other patents of my patent.  I win.  @IBM, cough it all up.  @Me, sit back and live a life of ease.  Don't forget to give HLP a billion or two just because I can. 

[Nuke]

im gonna patent nuclear war, that way if anyone ever fires a nuke, il be rich

[colecampbell666]

A year or so ago, some Aussie tried to patent the wheel, fire, water, and air. It was on the news quite a bit.

[Roanoke]

I think that's brilliant. Clearly, either someone was seriously bored or a directors meeting got carried away with complimentary drink and the company just ran with it.

[BloodEagle]

This kind of obscene abuse of the patent system is simply rediculous, and is getting worse and worse. The USPTO is in dire need of reform, before someone actually does patent bodily functions.

There are already companies that patent the genetic code of produce, so patenting the human body can't be far off.

[WMCoolmon]

Has anyone tried to patent "an officially established means of granting a virtual monopoly on an idea for a limited period of time"?

[Knight Templar]

Someone should patent wasting time on internet forums.

[jr2]

Hmm?  Snail did, hadn't you heard?    But I'm attempting to patent his patent... or something like that. 

[Mefustae]

Praytell, who currently holds the patent on patenting?

[DiabloRojo]

I honestly think you missed the entire point of the story. *Edit: Nope, I was wrong.  The WP pretty much wanted to make them look like a big bunch of hypocrites.  The 'Media Filter' I installed into my brain is just working too well.  Kosh, your quote of their attempt to patent a method of outsourcing is out of context, however, and the only reason it had any business being in the original article was because it was an attempt (that was withdrawn, mind you) to patent more business methodology.

Yes, I think business method patents should be completely thrown out and even IBM has argued to the same point, while acknowledging that they hold business method patents.  However, what they're getting at is a new idea of how to license patents... and just trying to patent the idea in the process while they still can.

The patenting the idea may be ludicrous but the idea itself is pretty good.  Lets say I'm a startup company that's going to make high-capacity/high-speed flash drives.  Well, the first company I can think of that has done tons of research and undoubtedly, patenting of flash memory technology is Samsung.  I just license their whole patent portfolio, or maybe even ALL patents related to flash memory (for a nice discount, I hope) and I can start selling as soon as my production line is in place without worrying about someone down the line suing me for royalties from some obscure patent involving the texture of the rubber grip on the flash drive.  Companies can stop wasting time and resources on patent infringement lawsuits and get to work on making us better stuff to buy.  Damnit.

[Kosh]

Kosh, your quote of their attempt to patent a method of outsourcing is out of context,

Not really. They were both attempts to patent things that shouldn't have been patented.

The patenting the idea may be ludicrous but the idea itself is pretty good.  Lets say I'm a startup company that's going to make high-capacity/high-speed flash drives.

No one is questioning the need to patent technology, but patenting business methods is something that shouldn't be done, which was the point of the article. It just opens the door to patent trolling.

[DiabloRojo]

Not really. They were both attempts to patent things that shouldn't have been patented.

Yes, really.  It was a cheap shot to paint the company in a negative light because as we all know, "outsourcing" means the terrorists win.  The author could have easily mentioned any number of business method patent applications, especially those that weren't actually withdrawn.

No one is questioning the need to patent technology, but patenting business methods is something that shouldn't be done, which was the point of the article. It just opens the door to patent trolling.

Nor was I implying that anyone was questioning the need to patent technology.  I was pointing out that their idea about how to license those patents happens to be damn nice.

For a bit more general thought on business method patents: the way they see it, they have a great idea of how to do something in better and more profitable way.  They then share that business practice or methodology, via a patent.  Then for a license fee, a company can implement the same methodology and everyone wins.  How much different is that than the guys with the late-night paid ads proclaiming how much money you can make buying and selling real estate notes, but first you just need to make 3 easy payments of 39.95 to get their information package?

Now should the Patent Office be responsible for handling and maintaining Intellectual Property that may only be applicable to a tech company?  No, I don't think so either, but if they accept it and you can make money from your ideas, why not?  Can you think of a better place to store and thereby protect IP?  I think I've gone over my daily rhetorical question mark allotment...

[Kosh]

So basically what you're saying is that we should patent things like how to fire people?


If a business sees a better way to do things....good for them, but why choke the patent system with it? It's an idea. How about I start patenting how to do your math homework?

[DiabloRojo]

You can't possibly boil down a wide-ranging business methodology to 'how to fire someone.'  That's an incredibly short-sighted assumption.

Also, no, I am not saying anything of the sort.  That's why I italicized 'they' in "the way they see it..."  I'm trying to view what they are doing from their perspective in an attempt to retain some semblance of objectivity.  I'll quote myself just to make sure it's clear:

Yes, I think business method patents should be completely thrown out and even IBM has argued to the same point, while acknowledging that they hold business method patents.

Companies submitting business method patents is hardly 'choking' the system.  The submitters would know these applications are already on shaky ground from a technical standpoint so they're going to think it through long and hard in order to give it the best chance of being granted.  There are countless individuals and companies applying for patents per year (something around 350,000 a year in the US alone, IIRC, with Japan leading total applications world-wide) and IBM's share of that is practically negligible.  These also aren't simply 'ideas.'  An idea is selling Powdered Water (just add water!) or, "OMG!!1!one! War is poopy, or something!"  These are fleshed-out business practices with specific steps and goals that other companies can implement (usually via a software package, so I've seen).

Since IBM was singled out in the beginning, here's a fun page with some nice stats for 2006 PCT (internationally protected through the Patent Cooperation Treaty) applications.  Notice IBM isn't even in the top 20 of applicants, and I'll bet less than a handful were business methods.  Choking the system, booyah!

If I ever decide to go back to college, I'll do my own math (and research!) homework my own way, thanks.

[colecampbell666]

The USPTO is in dire need of reform, before someone actually does patent bodily functions.

In some parts of Canada, in the '20s, you had to pay to use public washrooms. This happens elsewhere, but it spawned the Cape Breton joke "If I had to pay a dime to take a ****, I t'ink I woulda just t'rowed up".

     You know how FS has directional force feedback? You notice that this isn't on newer games? Surprise surprise, someone patented it. Patents are getting rediculous, and the Aussie I alluded to earlier was making a good point. I think it's wrong that one company can patent something previously publicly available, and then a host of good products disappear.

[Nuke]

burn down the patent office!

[Scooby_Doo]

burn down the patent office!

Sorry thats been patented already.

[Mefustae]

burn down the patent office!

Sorry thats been patented already.

Please, like that snappy response hasn't been patented already.

[Scooby_Doo]

burn down the patent office!

Sorry thats been patented already.

Please, like that snappy response hasn't been patented already.