Friday, October 6, 2017

Hear Hear!

"... In short, patents have clearly been at the heart of successive waves of critically important American commercial innovation and continue to make enormous contributions to the American economy.
But today, unfortunately, U.S. patent rights are under serious threat.
For starters, a series of Supreme Court decisions over the last 15 years have made it harder to obtain and defend a patent."

-- Erosion of Patent Rights Is a Threat to Innovation and American Prosperity

Another "erosion" opinion piece is here.

Is it merely slow erosion and the start of a new Grand Canyon or more like the start of a catastrophic mud slide?

BY the time it's over, it will be too late.
Whole generations of would-be American inventors will have turned to other pursuits.

Why bother if the new socialist republic of Faux America steals your invention after fooling you into filing for illusory patent rights?

Wednesday, August 23, 2017

Magic Compass Ride

ALL claims, meaning absolutely all claims “are” abstract.

They are merely words scrivenered on parchment (e.g., in the English language) to represent the concept of a corresponding invention.

This is not a pipe. Get it? If not, link to the following or similar explanations of the existentialist concept:

What is important to understand is that Judge Hughes (of Visual Memory v. Nvidia) possesses a rare and magical field direction indicating compass.

Instead of the usual N, E, S, W markers found on a normal compass, his magical compass denotes the major circle points as A, A, A and A; where “A” means Abstract. A select few angular micro-strokes on the circle get the NA notation, meaning Not Abstract. Only judge Hughes and those secretly sworn into his power group know where those are. They know them when they see them.

Whenever confronted with the words of a claim, the good Judge pulls out his magical mystical compass, rides it above the words and its needle quickly and without belaboring itself too much aligns with the hidden field forces of the words and tells the Judge what those words are “directed to”.

Yes, of course it’s almost always “A”. But that is not the fault of the good Judge. It is the reality of the universe as reflected by the angle markings on his pocket compass.

No point swearing to the G-d you worship. It is as He hath willed it. The universe is just full of mysterious abstract misdirections.

Wednesday, August 16, 2017

Shellacking the Chicken Shell

Which came first, the chicken or the unscrambled egg?

The abstract idea or the adding on of the generic computer?

The irrational thought or the false logic?

Ignorance or basking in its bliss?

Those skilled in the rhetorical art of false choice menus will appreciate that many a proposition are defective even before they are hatched. For example, by proposing that the abstract egg came first and then the generic hen was added on to sit on that egg for reason of conventional and routine development ignores the possibility that the egg came from someplace, perchance a non-abstract and non-conventional laying hen. A something more of significance to those who can comprehend it.

In the case of:

the question is whether the claims are an independent shell with no connection to the specification (a black box onto itself) or whether the claims are part of an integral whole in which the specification concludes with the claims.

Appellate Judge HUGHES(dissenting) argues:
"Claim 1, for instance, claims a system comprising a main memory and a cache connected to a bus, with a "programmable operational characteristic" that "determines a type of data stored by said cache." '740 patent col. 6 11. 28-38. The claim does not provide any specific limitations on the "programmable operational characteristic," making it a purely functional component. The "programmable operational characteristic" is nothing more than a black box for performing the abstract idea of storing data based on its characteristic, and the patent lacks any details about how that is achieved. The remaining computer elements in the claims (cache, memory, bus) are nothing more than a collection of conventional computing components found in any computer."

Blindsight is of course 20/20 times * zero (0).
The subject US Patent 5953740 dates back to 1990 and
uses an archaic Computer Design descriptor Language known as CDL
The microfiche of the patent describes in detail the modules of Fig. 2 using the CDL language.

Does Judge HUGHES(dissenting, BA Harvard 1989) understand any of this?
Highly unlikely.

Thursday, July 6, 2017

One thing We Americans don't need: Inventors

Today's title of the post is a take off on this op-ed:
"One thing we don’t need is stronger patents"

That's right.
If God had meant us to invent,
He would have evolved us to have brains.

Wednesday, May 17, 2017

Easy it comes to us, Easy it goes to us

Whom is this "us" to which inventions come easy?
And to whom inventions go easy?

Why, it's U.S.; your trustable, reliable, honest as Abe government.


Yes, you sucker-born-yesterday inventors worked hard to come up with your inventions in the first place.

Yes, you gullible-believer inventors paid large moneys to your attorneys to scriven up the detailed applications.

Yes, you trusting inventors fought hard with the Patent Office to get your claims allowed (and paid the Patent Office AND your lawyers for the entire process).
It was a hard fought upward battle.

Yes, the US Government stamped your applications approved and led you to believe you had "exclusive" rights in "your" inventions.

Yes, the US Constitution says its your invention or discovery and the government is supposed to "secure" exclusive rights for you in "your" respective invention or discovery.

But as they say, ha ha, a new sucker is born every day.
Easy come, easy wipe out.


"In sum, all the claims are directed to the abstract idea of receiving, authenticating, and publishing data, and fail to recite any inventive concepts sufficient to transform the abstract idea into a patent eligible invention."

Thursday, April 20, 2017

Trade secrecy versus the progress of science and the useful arts

(Click on image to read about "Guilds".)

Trade secrecy is not only anti-innovation, it is anti-science.

Science requires that the proponent of a new theory/hypothesis lay out all his/her cards on the table so that others can rigorously test it.

If you say that you have a new data encryption scheme that others cannot easily crack with current technology then put it out on the table and let the hackers have a go at it.

If you say that you have a new cancer treatment protocol that has higher efficacy, then put it out on the table and let the clinical trial labs actually field test it.

What Mr. Levy is proposing (in this web positing) is anti-science. It is the anathema of real science for biotech companies to forever hide their secret sauces and not let others test them.

This exactly why patents are necessary.

So that real science can take place on a transparent playing field.

So we can “promote” the progress of science and the useful arts.

Friday, April 14, 2017

Crash Landing on Planet of the Orange-Haired Apes

It already happened.
So get over it.
We ARE on the Planet of the Orange-Haired Apes.

The problem at hand is how to tell them ....
"Take your stinking paws off my science you damn simpleton primates!"

It would not be an insurmountable problem if it were JUST the leader of the "free world" who was scientifically illiterate.

Or if it was also the Supreme judges who were scientifically illiterate. (Which they clearly are.)

It's the fake news aping press that's the problem.
Even these critters, the ones who are supposed to stand guard at the gates and yell about the Emperor marching with no clothes on in cases where all other checks and balances have failed, they too can't get anything right. That is a grand scale insurmountable problem.

Take this Gawker article where the author gets it 180 degrees wrong.
It wasn't Justice Scalia who was half way off his rocker. It was the rest of the Supreme bench and the reporter as well. Scalia to his credit was having a tinge of doubt where in fact the rest of the Court was in the wrong chemistry class (the fake science class). An "isolated" molecular fragment is not identical to the long chain compound from which it was selectively cleaved. (Hint: methane is not "identical" to heptane. If you think otherwise you fail organic chemistry 101.)

Or take this other article posted under the name of the American Council on Science and Health.

They got part of it right in noting: "The [Supreme Court] Justices tried to simplify the argument by making analogies to things like chocolate chip cookies, Amazonian jungle plants [plucking leaves off banana trees] and [lathing] baseball bats."

But then they go on to back up one of the Justices: "Justice Sonia Sotomayor said that if someone invented a new way to extract the ingredients of a cookie, a company still wouldn't be able to patent its ingredients. I can't imagine getting a patent simply on the basic items of salt, flour and eggs, simply because I've created a new use or a new product from those ingredients, she said."

At the end to their credit, they question the wisdom of the Myriad decision: "... preventing innovators, even (or especially) in biologicals and biotechnology from making sufficient profit on their work will have a strong chilling effect on R&D in this field."

However, consider next this Richard Dwakins Foundation article... "In one puzzling opinion, he [Justice Scalia] admitted that he wasn’t sure whether he accepted the reality of molecular biology. In another, he wrote that “creation science” (that is, creationism) was a legitimate “body of scientific knowledge” and that public schools can teach “whatever scientific evidence there may be against evolution.” And in a dissent contesting the federal government’s duty to combat climate change, he shrugged that the court’s “alarm over global warming may or may not be justified.”(to be continued)