4 ms·

HP is trying to patent continuous delivery

48 points by gyre007 12y ago

guelo 12y ago
Looking through LinkedIn it seems these guys are all Israelis. Maybe that's why they don't care about gaming the US patent system.
- poulsbohemian 12y ago
  That's because they all work for the R&D group that HP acquired in 2007 when they bought Mercury. The couple names I recognize on that list have worked on products like LoadRunner and RUM
tootie 12y ago
HP makes such crummy software, I can't believe they actually test anything.
- a3n 12y ago
  And they don't want anyone else to either.
  - pkaye 12y ago
    It makes them look bad.
- lowmagnet 12y ago
  Back when I used Mercury Interactive's test products I often referred to them as "untested testing tools" and HP buying Mercury did little to improve that. I now test web applications with a battery of OSS tools, and couldn't be happier.
azurezyq 12y ago
I'm not an expert on patents. If nobody noticed it and it was successfully granted, can it be revoked in the future due to "not originally invented"?
- jsprogrammer 12y ago
  Anything can be revoked at anytime. But, specifically to you question, yes the patent can be later revoked for non-originality, prior art, etc.
- lexicalscope 12y ago
  Patents can be challenged/revoked if they are not novel - in other words, if the practice, process, invention, etc already existed. Particularly if it is in widespread use it is often easier to get it revoked - hence conference papers, articles, posts, etc, about this practice can prove that CD is well known and get the patents taken care of. Generally you are not required to search for prior art before you file a patent, you just have to promise you aren't aware of any. Some people intentionally avoid looking for prior art for this reason, as the patent office is overwhelmed and often staffed people not as much of experts as they should be, and you end up with people granting patents for obviously non-novel things.
cpks 12y ago
It's the way the patent system works. You file obscene numbers of unenforcable patents for the sake of mutually-assured destruction should a patent war come up. Most patents have massive amounts of prior art, are obvious, or otherwise unenforcable. But if you threaten a patent lawsuit against me, either: 1. You can put me out of business 2. I have my own warchest of 1000 patents. I find 30 your're breaking. They're all bunk, but it gives enough uncertainty that I might be able to put you out of business that you don't sue. Employees at companies have to go along with it to keep their jobs. I have a big problem with vilifying and blaming them the way this article does. Not everyone has to share your sense of ethics to be a good person. Big companies are only slightly more to blame -- they have to do it to survive. In addition, I'd still rather see these patents with HP than with a little company in East Texas. The problem is the patent system itself. We need reform it. The way it is set up, frivolous patents like these are (1) necessary and (2) draining the lifeblood of America. The problem also comes in around enforcement. HP is unlikely to sue a free software project. I honestly believe that they intend to treat the patents as mostly defensive. But HP isn't doing so hot on R&D, and the odds of the patents going to a complete patent troll in the next 20 years are maybe 10%. There are dozens of companies like HP.

48 points by gyre007 12y ago

guelo 12y ago

Looking through LinkedIn it seems these guys are all Israelis. Maybe that's why they don't care about gaming the US patent system.

poulsbohemian 12y ago
That's because they all work for the R&D group that HP acquired in 2007 when they bought Mercury. The couple names I recognize on that list have worked on products like LoadRunner and RUM

tootie 12y ago

HP makes such crummy software, I can't believe they actually test anything.

a3n 12y ago
And they don't want anyone else to either.
- pkaye 12y ago
  It makes them look bad.
lowmagnet 12y ago
Back when I used Mercury Interactive's test products I often referred to them as "untested testing tools" and HP buying Mercury did little to improve that. I now test web applications with a battery of OSS tools, and couldn't be happier.

azurezyq 12y ago

I'm not an expert on patents. If nobody noticed it and it was successfully granted, can it be revoked in the future due to "not originally invented"?

jsprogrammer 12y ago
Anything can be revoked at anytime. But, specifically to you question, yes the patent can be later revoked for non-originality, prior art, etc.
lexicalscope 12y ago
Patents can be challenged/revoked if they are not novel - in other words, if the practice, process, invention, etc already existed. Particularly if it is in widespread use it is often easier to get it revoked - hence conference papers, articles, posts, etc, about this practice can prove that CD is well known and get the patents taken care of. Generally you are not required to search for prior art before you file a patent, you just have to promise you aren't aware of any. Some people intentionally avoid looking for prior art for this reason, as the patent office is overwhelmed and often staffed people not as much of experts as they should be, and you end up with people granting patents for obviously non-novel things.

cpks 12y ago

It's the way the patent system works. You file obscene numbers of unenforcable patents for the sake of mutually-assured destruction should a patent war come up. Most patents have massive amounts of prior art, are obvious, or otherwise unenforcable. But if you threaten a patent lawsuit against me, either: 1. You can put me out of business 2. I have my own warchest of 1000 patents. I find 30 your're breaking. They're all bunk, but it gives enough uncertainty that I might be able to put you out of business that you don't sue. Employees at companies have to go along with it to keep their jobs. I have a big problem with vilifying and blaming them the way this article does. Not everyone has to share your sense of ethics to be a good person. Big companies are only slightly more to blame -- they have to do it to survive. In addition, I'd still rather see these patents with HP than with a little company in East Texas. The problem is the patent system itself. We need reform it. The way it is set up, frivolous patents like these are (1) necessary and (2) draining the lifeblood of America. The problem also comes in around enforcement. HP is unlikely to sue a free software project. I honestly believe that they intend to treat the patents as mostly defensive. But HP isn't doing so hot on R&D, and the odds of the patents going to a complete patent troll in the next 20 years are maybe 10%. There are dozens of companies like HP.