1st Story Line Patent Published

Groklaw ^ | 3 November 2005 | Pamela Jones

[ShadowAce]

There's been some talk here in the past about patents. This, I think, is the WORST example I can think of.

[flashbunny]

well, there's enough 'prior art' to eliminate this idiotic idea.

Sounds like someone needs a hobby- and a life.

[E. Pluribus Unum]

All your culture are belong to us.

[ShadowAce]

That was my first thought. How can anyone possibly think that something like this would be approved--and be serious?

[jb6]

No, this will just further degrade our culture, while the civilized world marches past us, just like in manufacturing, IT, superconductors and quite a few other things. We'll litigate ourselves into extinction but the laywers will live like kings.

[E. Pluribus Unum]

well, there's enough 'prior art' to eliminate this idiotic idea.

The USPTO is so obviously in the hip pocket of the trial lawyers.

The granting of superfluous patents generates revenue for lawyers in applying for the patents and in defending them in court. Lawyers on both sides of the case get paid, regardless of the outcome.

"Patent Barratry" is the correct term for this practice.

[E. Pluribus Unum]

How can anyone possibly think that something like this would be approved--and be serious?

The fact that it was granted answers your question.

[r9etb]

Where does it say that the patent was actually granted?

[flashbunny]

it wasn't granted - just filed.

[N3WBI3]

The fact it even neeeds to be done by the court system is a sign of how fundimentally broken the USPO is!

[soltice]

If you look into the root source of everything evil and rotten in this country, you will find ....

LAWYERS!

From writing the laws, to passing the laws (as legislators), to enforcing the laws (AG's) to interpreting the laws (masters in black robes), and even to any recourse for review or appeal, you find the scum floating to the top.

If the devil is the living flesh of evil, then here is who I think he is. Far from appearing as a hideous demon, he is the average-looking person who walks into a room and shakes your hand with a smile. By the time he leaves, the standards of decency of everyone within that room have been lowered ever so slightly. --- A lawyer come to mind.
iFeminist

[E. Pluribus Unum]

Where does it say that the patent was actually granted?

The fact that it was filed.

The USPTO will grant a patent on ham sandwich.

[Atlas Sneezed]

First, it is not a "patent" or "published patent". It is an "application,", which means that the applicant has made a wish that may not be granted.

Second, all the text in the post relates to the disclosure, not the concept to be protected, which is in the CLAIMS. Here is the Key claim for review, and if it were granted, each and every aspect must be followed for something to infringe. (If anyone knows of a system that has already dome all these things, email it to the inventor, and he will be lawfully obliged to disclose it.)

1. A process of relaying a story having a timeline and a unique plot involving characters, comprising:

indicating a character's desire at a first time in said timeline for at least one of the following: a) to remain asleep or unconscious until a particular event occurs; and b) to forget or be substantially unable to recall substantially all events during the time period from said first time until a particular event occurs;

indicating said character's substantial inability at a time after said occurrence of said particular event to recall substantially all events during the time period from said first time to said occurrence of said particular event; and

indicating that during said time period said character was an active participant in a plurality of events.

[Atlas Sneezed]

The USPTO will grant a patent on ham sandwich.

---

Utter nonsense.

Sometimes, rarely, bad patents are issued. But in the real world, deserving inventions need to fight like hell to gain allowance. The bad, undeserving ones are so rare, but they do get all the headlines. They also get invalidated when the owner is foolish enough to litigate them.

I wish I had a nickel for each time a client with a poor case said "but I have heard of others getting bad patents, why can't I get one?"

[frankenMonkey]

Hey, I just trademarked "It was a dark and stormy night."

...not

[Atlas Sneezed]

The USPTO is so obviously in the hip pocket of the trial lawyers.

---

That is a laughable conspiracy theory.

The USPTO is in the hands of the marginally competent, and the marginally literate with the English language, not to mention being starved by Congress, which steals a major portion of patent fees, which could be used to provide better employees and service.

[E. Pluribus Unum]

A patent attorney defending patent barratry.

Who'd of thunk it?

[Personal Responsibility]

Question: Where do vampires learn to suck blood?

Answer: LAW SCHOOL!

[FlipWilson]

Yep, few realize that you can file an application on anything, yet waste your money and most likely, get nothing. Unless, of course I am your patent attorney in which case its money well spent. . .