Supreme Court’s new rules on abstract patents hit Apple v. Samsung
arstechnica.com
arstechnica.com
Thanks to Apple, we now have the technology to pass a parameter to multiple functions implementing the same interface. Incredible!
If a clueless (in hindsight; I thought I was God's gift back then, a super VBA ninja) kid can "invent" something, then it's the textbook definition of "obvious".
EDIT: their patent predates this. if someone somewhere is unlucky enough to still be using my fantastic invention, now might be a good time to find an alternative..
Of course there is the 'obvious in hindsight' problem but this test has been weakened beyond all recognition.
So the tradeoff here is exclusive rights for zero public benefits. That is not the way it was intended.
So "programmers don't read patents" does not prove "zero public benefits", because I think it is more like "programmers do read materials which wouldn't have been published if they couldn't be patented".
I don't know how often this happens, but I have seen it.
And I am sometimes a programmer.
And to be honest, from those I've discussed it with, they are largely concerned with monetization and don't give a damn about any sort of public benefit.
But it's been a thing since way before you were born.
Even if it is genuinely novel (unlikely) and a non-obvious innovation (also unlikely), is that really something that we should consider patentable?
It would be a process in exactly the way that software is. Obviously the process can be carried out by a human (as can software), but never mind that, we'll just tack on a prior art typewriter or computer input device to make it a machine, right?
This whole mess is a result of the Federal Circuit reading everything too broadly. "Process" traditionally meant a manufacturing process or the like. If I'm not mistaken the only "software" patent the Supreme Court has found valid covered a manufacturing process.
And that's where software patents should live, if anywhere. Covering novel machines that happen to require some computation rather than novel computations that happen to be done by a machine.
That's what I mean. How is the "recipe" for Playdough supposed to be different than a specific recipe for chicken noodle soup?
> The difference is, you cannot try to patent a recipe if your only "utility" is "it helps my restaurant run better" or "it can help my book sell better".
That's the utility of any commercial process. To make the product more desirable to customers. The utility the of process to make Playdough is that it helps you sell the product as compared with some other recipe that turns to stone on the retailer's shelf after a week.
It really sounds like Apple's lawyers are struggling to make "drag the image to unlock" sound more complicated than it really is.
To be fair, the claims do require all those elements, so it really is narrower than "moving an image to unlock a device". You could imagine a number of implementations of the latter that would not be covered by the claims.
However, now that you've brought it up, possibly outside of material science, every invention in the history of engineering falls under the description of "old elements doing old things producing expected results". Taking that quote out of context misses a very important question: was it obvious beforehand that such a result was desirable enough to put those elements together?
The answer to your question of "what's novel" is, literally, the combination of elements and the difference it presents over prior art. However, at a higher level, what this quantitative approach misses is this: slide-to-unlock provides a convenient, usable and visually appealing way to unlock a phone. You'll note that these adjectives are some that Apple users regularly attribute to Apple products (since before the iPhone!). These qualities are arguably a primary reason for their success.
Sure, when boiled down to their implementation, they don't look so impressive, yet few others are said to match Apple's level of polish. Why is that the case if such features are so easy to implement? Maybe because the feature itself is not obvious. Such qualitative aspects are not always apparent from looking at the claims alone.
http://www.amazon.com/s/ref=nb_sb_noss_1?url=search-alias%3D...
Regardless, they should NOT be sued for it.
Samsung's software designers may be cheap hacks, but they're (inadvertently) serving the same good that Newegg serves. Both are infringing patents that make the world a shittier place and refusing to settle. The only difference is that Newegg does it out of righteous indignation rather than rank incompetence. Either way, the correct party to root for should be obvious.
But not all important, cool ideas are patentable -- nor should they be. Patents are meant to reward research, not "good ideas."
You mean whoever invented the sliding lock? It is indeed obvious in retrospect, but was probably a breakthrough when it was invented (that is ages ago).
Such kind of patents are coming very close to patenting a wheel.
Therein lies the practical problem with the Supreme Court's decision in Alice Corp. [1]: Just about any new technology could be described as a "generic implementation" of an abstract idea --- which the Court said is unpatentable. The Court gave us little or no useful guidance for distinguishing between an unpatentable generic implementation and a patentable "invention."
[1] http://www.supremecourt.gov/opinions/13pdf/13-298_7lh8.pdf
This may be true in the domain of software patents (though not of technology generally.)
OTOH, I don't think that's a problem with Alice so much as with many, if not all, software patents.