3 ms·

Quick, Patent It

14 points by UsNThem 17y ago

marcusestes 17y ago
I'm sure glad this one got filed before the door closed on protected innovation forever: http://www.google.com/patents/about?id=T2QKAAAAEBAJ&dq=Patent+6368227 http://www.google.com/patents/about?id=T2QKAAAAEBAJ&dq=P...
- cookingrobot 17y ago
  That's awesome. But from the last page of the patent, it looks like it was re-examined a month and a half later and all the claims were revoked.
  - noonespecial 17y ago
    I'm pretty sure someone went to a playground and directly observed "skilled practitioners of the art" independently discovering the methods. I think there might have been some prior art on a few million 8mm film reels in people's attics as well... It would seem immediately apparent to most 2 handed children. I do find it interesting that the patent missed out on the method of elevating one's ass by pressing outward on both chains. Now that's technology.
- Create 17y ago
  this is a classic: http://www.h-online.com/open/features/In-re-Bilski-Let-us-get-back-to-work-837618.html http://www.h-online.com/open/features/In-re-Bilski-Let-us-ge... http://onproductmanagement.files.wordpress.com/2007/07/treecomicbig.jpg http://onproductmanagement.files.wordpress.com/2007/07/treec... http://www.gnu.org/philosophy/not-ipr.html http://www.gnu.org/philosophy/not-ipr.html
10ren 17y ago
This is Bilski http://en.wikipedia.org/wiki/In_re_Bilski http://en.wikipedia.org/wiki/In_re_Bilski http://www.patentlyo.com/patent/2009/06/bilski.html http://www.patentlyo.com/patent/2009/06/bilski.html
jamesbressi 17y ago
Since we have some patent people on here, does anyone have any great resources (that aren't the usual google search spam) to show you examples and how to go about filing your patent without having to dish out big bucks for a patent lawyer and someone to help you write it?
- nudded 17y ago
  well quite frankly, you will need to hire someone, or else your patent will probably be worthless. A lot depends on the writing and if you get it wrong, you will lose in court.
  - jamesbressi 17y ago
    I do know that it will have to involve hiring someone, and thank you for validating that, but it would be fantastic if someone could help guide those of us looking to do this. In light of this article and the fact that we are on the topic of patents, it would be priceless for someone to give us a rundown of what the process really looks like, resources on writing it as best you can to possibly lessen the impact of the cost of hiring someone, and knowing how much is reasonable when hiring someone. That may be asking for a lot, and that information may be invaluable to the holder in such a competitive market, but that is precisely why those scams (which finally got busted) years ago flourished (you may remember the commercials on t.v. for patenting your idea). That's the last I will comment on it, but I do thank you for basically saying that no matter how you do it, hiring someone is not an option if you want it to be defensible.
  - jbronn 17y ago
    I second the parent. The typical inventor thinks the description and drawings are important, while they are really secondary to the claims which are what is legally protected. Unfortunately, writing a good set of claims is an art that can only be mastered through a lot of experience and research into what has been effective with the USPTO in addition to what has been upheld in court. While this is not out of reach of the HN audience, your time would be better served by innovating and letting a good IP law firm handle the patent. This will be expensive -- costs are at least $10K, and software patents typically will cost more because prosecution (arguing with the USPTO why your invention is patentable) will be longer. IMHO, the whole process is soul-sucking and why I no longer practice patent law. However, if you do wish to proceed the best play to start would be with the official Manual of Patent Examining Procedure (MPEP): http://www.uspto.gov/web/offices/pac/mpep/mpep.htm http://www.uspto.gov/web/offices/pac/mpep/mpep.htm
Hexstream 17y ago
"If the court sides with these patent applicants it would open the door for all sorts of “processes.”" Patents are already granted for software and if software is not the description of processes, I don't know what it is. So why say it "would open the door"?...

14 points by UsNThem 17y ago

I'm sure glad this one got filed before the door closed on protected innovation forever: http://www.google.com/patents/about?id=T2QKAAAAEBAJ&dq=Patent+6368227 http://www.google.com/patents/about?id=T2QKAAAAEBAJ&dq=P...

cookingrobot 17y ago
That's awesome. But from the last page of the patent, it looks like it was re-examined a month and a half later and all the claims were revoked.
- noonespecial 17y ago
  I'm pretty sure someone went to a playground and directly observed "skilled practitioners of the art" independently discovering the methods. I think there might have been some prior art on a few million 8mm film reels in people's attics as well... It would seem immediately apparent to most 2 handed children. I do find it interesting that the patent missed out on the method of elevating one's ass by pressing outward on both chains. Now that's technology.
Create 17y ago
this is a classic: http://www.h-online.com/open/features/In-re-Bilski-Let-us-get-back-to-work-837618.html http://www.h-online.com/open/features/In-re-Bilski-Let-us-ge... http://onproductmanagement.files.wordpress.com/2007/07/treecomicbig.jpg http://onproductmanagement.files.wordpress.com/2007/07/treec... http://www.gnu.org/philosophy/not-ipr.html http://www.gnu.org/philosophy/not-ipr.html

10ren 17y ago

This is Bilski http://en.wikipedia.org/wiki/In_re_Bilski http://en.wikipedia.org/wiki/In_re_Bilski http://www.patentlyo.com/patent/2009/06/bilski.html http://www.patentlyo.com/patent/2009/06/bilski.html

jamesbressi 17y ago

Since we have some patent people on here, does anyone have any great resources (that aren't the usual google search spam) to show you examples and how to go about filing your patent without having to dish out big bucks for a patent lawyer and someone to help you write it?

nudded 17y ago
well quite frankly, you will need to hire someone, or else your patent will probably be worthless. A lot depends on the writing and if you get it wrong, you will lose in court.
- jamesbressi 17y ago
  I do know that it will have to involve hiring someone, and thank you for validating that, but it would be fantastic if someone could help guide those of us looking to do this. In light of this article and the fact that we are on the topic of patents, it would be priceless for someone to give us a rundown of what the process really looks like, resources on writing it as best you can to possibly lessen the impact of the cost of hiring someone, and knowing how much is reasonable when hiring someone. That may be asking for a lot, and that information may be invaluable to the holder in such a competitive market, but that is precisely why those scams (which finally got busted) years ago flourished (you may remember the commercials on t.v. for patenting your idea). That's the last I will comment on it, but I do thank you for basically saying that no matter how you do it, hiring someone is not an option if you want it to be defensible.
- jbronn 17y ago
  I second the parent. The typical inventor thinks the description and drawings are important, while they are really secondary to the claims which are what is legally protected. Unfortunately, writing a good set of claims is an art that can only be mastered through a lot of experience and research into what has been effective with the USPTO in addition to what has been upheld in court. While this is not out of reach of the HN audience, your time would be better served by innovating and letting a good IP law firm handle the patent. This will be expensive -- costs are at least $10K, and software patents typically will cost more because prosecution (arguing with the USPTO why your invention is patentable) will be longer. IMHO, the whole process is soul-sucking and why I no longer practice patent law. However, if you do wish to proceed the best play to start would be with the official Manual of Patent Examining Procedure (MPEP): http://www.uspto.gov/web/offices/pac/mpep/mpep.htm http://www.uspto.gov/web/offices/pac/mpep/mpep.htm

Hexstream 17y ago

"If the court sides with these patent applicants it would open the door for all sorts of “processes.”" Patents are already granted for software and if software is not the description of processes, I don't know what it is. So why say it "would open the door"?...