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The descriptive text is in large part there only to satisfy the requirement of 'enablement', meaning, if you patent an idea, you have to disclose enough informa
by dhimes 15y ago
The descriptive text is in large part there only to satisfy the requirement of 'enablement', meaning, if you patent an idea, you have to disclose enough information so that someone reasonably skilled in the art could duplicate your invention. Trying to parse the descriptive text of a patent isn't particularly useful.
Thanks for clarifying there.
Wow- so using any handheld device with a keypad that interacts with a server in such a way that allow a sale is patented.
I've been struggling to wrap my head around this issue, so I tried to recall if we've ever been in this situation before where it suddenly became possible for the "ordinary" person to make cool new technology applications. It occurred to me that perhaps there was. Several decades ago consumer electronic components became quite cheap and powerful (I could buy integrated circuits as a kid and build stuff, for example).
So, I wondered, are circuits patentable? Maybe that would be analogous to what's going on today. Turns out, they are patentable.
So it seems that changing the law here would require singling out the software industry as being particularly "special" in some respects, and maybe in a way that it really isn't. This thought pulls back my knee-jerk "ban the software patents" reaction quite a bit.
However, the industry itself recognizes that software is somehow special. For the first time to my knowledge builders of stuff that isn't toxic or somehow else dangerous can declare it illegal for you to take it apart and see how it works. So maybe software is somehow special and a special case can be made concerning software patents-- like having them expire sooner. (I have a knee-jerk reaction against the "no hacking" terms, also.)
Here's an article by Pamela Jones on reverse engineering software if anybody's interested: http://lwn.net/Articles/134642/ http://lwn.net/Articles/134642/
- tptacek 15y agoCareful; I deliberately oversimplified the claims, because there was some doubt that this patent directly applied to in-app purchasing. All I'm trying to demonstrate is that the applicability of the patent is straightforward. It takes time and expertise to parse and evaluate patent claims; it's probably more specific than "keypad plus purchasing".
- dhimes 15y agoGot it. Thanks.