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Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent)
From: |
Tim Jackson |
Subject: |
Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent) |
Date: |
Wed, 28 Apr 2004 20:44:11 +0100 |
John W. Eaton wrote on 28 Apr 2004 13:46:00 -0500....
> But shouldn't a patent application that only introduces some minor
> incremental difference from some previous technology (i.e., the broader
> sense of what action is performed based on the timings of the button
> pushes, or whether the button is physical or simulated on a computer
> screen, etc.) be rejected anyway, based on the idea that they would be
> obvious to competent practitioners in the field?
If the minor incremental difference is indeed obvious to competent
practitioners, then yes. [1]
If it isn't obvious, then a patent can be granted, but it should only
be a minor incremental patent (commensurate with the inventor's
minor incremental contribution to the technology). That way, no-one
loses out. The patent will only prevent people doing things which
they wouldn't have thought of doing anyway, had the inventor not made
the invention.
The big issues, of course, are what's obvious and what's not, and
whether the patent is appropriately limited. That's down to how well
the Patent Office is able to do its job. Unfortunately, the US Patent
Office is seriously under-resourced, because for many years Congress
has been skimming off the fees paid by applicants and using them for
unrelated purposes. This has a detrimental effect on all areas of
tencnology, not just computer and software-related subjects.
[1] US patent law actually asks whether the invention "would have been
obvious at the time the invention was made to a person having ordinary
skill in the art...". So if the invention was made several years ago,
you have to be careful not to judge it as to whether it's obvious as
you read about it today. Most inventions seem obvious in hindsight.
--
Tim Jackson
news@winterbourne.freeserve.invalid
(Change '.invalid' to '.co.uk' to reply direct)
Absurd patents: visit http://www.patent.freeserve.co.uk
- 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), theodp, 2004/04/27
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Harlan Messinger, 2004/04/27
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Jim Richardson, 2004/04/28
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Barry Margolin, 2004/04/28
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), John W. Eaton, 2004/04/28
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent),
Tim Jackson <=
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Rahul Dhesi, 2004/04/28
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Tim Jackson, 2004/04/28
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Christopher C. Stacy, 2004/04/29
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Barry Margolin, 2004/04/29
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Alun, 2004/04/29
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Rahul Dhesi, 2004/04/28
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Barry Margolin, 2004/04/28
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Rahul Dhesi, 2004/04/28
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Barry Margolin, 2004/04/28
- Re: 1-Click, Short-Click, Long-Click, More-Clicks (New Microsoft Patent), Rahul Dhesi, 2004/04/28
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