4 ms·

I heard the patent office wants to modernize their system, but they can't because there's a patent already covering 'a system to electronically manage patent su

by LargeWu 17y ago

I heard the patent office wants to modernize their system, but they can't because there's a patent already covering 'a system to electronically manage patent submissions...'

ShabbyDoo 17y ago
They just have to negotiate a royalty agreement with the patent holder. It would be a clever denial-of-service attack to start filing patents that would preclude the USPTO from "practicing" its work without negotiating agreements with patent holders.
- ubernostrum 17y ago
  The US government has -- and has been known to use -- the ability to exempt itself or its contractors from patent liability for specific purposes (typically national security).
  - electromagnetic 17y ago
    I'm sure it would be simple to bring out legislation that prevents "Patents that impede the ability of the Patent Office's performance of duty".
    - mkramlich 17y ago
      It would be simple... except I have a patent on making that kind of legislation.
pbhjpbhj 17y ago
I know you're joking but Section 1 of the UK Patent Act 1977 as amended (it's been 5+ years but I'm pretty sure it's in 1(1)) includes the requirement for industrial applicability. AFAIR I did make an objection under that clause once out of hundreds of applications. No one can issue patents, by law, apart from the Patent Office and so the patent could not be applied by the holder - also there are morality clauses (which again only very very rarely could be applied, again IIRC I made a casefile note on consideration of a morality objection only once but didn't object). Finally the Gov. has the option to use any application in times of national crisis - I think I remember something about radar patents being used in WWII but that the inventors had been compensated. Lastly if you're sitting on a patent and won't license it and aren't using it yourself the Comptroller can force you to license it under terms they consider fair.

by LargeWu 17y ago

I heard the patent office wants to modernize their system, but they can't because there's a patent already covering 'a system to electronically manage patent submissions...'

ShabbyDoo 17y ago

They just have to negotiate a royalty agreement with the patent holder. It would be a clever denial-of-service attack to start filing patents that would preclude the USPTO from "practicing" its work without negotiating agreements with patent holders.

ubernostrum 17y ago
The US government has -- and has been known to use -- the ability to exempt itself or its contractors from patent liability for specific purposes (typically national security).
- electromagnetic 17y ago
  I'm sure it would be simple to bring out legislation that prevents "Patents that impede the ability of the Patent Office's performance of duty".
  - mkramlich 17y ago
    It would be simple... except I have a patent on making that kind of legislation.

pbhjpbhj 17y ago

I know you're joking but Section 1 of the UK Patent Act 1977 as amended (it's been 5+ years but I'm pretty sure it's in 1(1)) includes the requirement for industrial applicability. AFAIR I did make an objection under that clause once out of hundreds of applications. No one can issue patents, by law, apart from the Patent Office and so the patent could not be applied by the holder - also there are morality clauses (which again only very very rarely could be applied, again IIRC I made a casefile note on consideration of a morality objection only once but didn't object). Finally the Gov. has the option to use any application in times of national crisis - I think I remember something about radar patents being used in WWII but that the inventors had been compensated. Lastly if you're sitting on a patent and won't license it and aren't using it yourself the Comptroller can force you to license it under terms they consider fair.