Monday, June 27, 2016

Women maybe, Inventors definitely not

Men, of course and without question, can have unwanted growths removed from their bodies.

Women, on the other hand, have lesser rights; "putative rights" as Supreme Court Justice Clarence Thomas puts it. If there is an unwanted growth in their bodies then the question becomes whether God wanted it to be there in the first place even in the case of rape and whether the State has the right to bar the doors to the abortion clinic. In a recent SCt. decision, Justice Thomas decries the arbitrary and capricious whims of his Court colleagues in making special rules for some but not others.

Of course hypocrisy knows no bounds. Because it is Clarence the Clown who consistently makes special rules for inventors and discoverers. To keep them as subhumans. To deny them equal protections of the law.

Inventors are "trolls" you see. They hire deceptive draftspersons (artful dodgers) to hide the plain and simple truth that they have invented or discovered nothing more than an abstract fundamental "principle" that forms the basic building block of something called "science". This "science" thing, according to Clarence the Clown and most of his Supreme Court colleagues includes laws "of nature" which Mother passes down from her mountain top and natural phenomenons that occur without any intervention by the hand of man (or woman, if you must).

Thursday, June 23, 2016

BROKES-IT: The Great Unraveling

Picture in your head all the work that would go into hand knitting a sweater.
The patience.
The precision.
The creativity.
The organization of the whole body of work.

It doesn't take much for an immature adolescent to come along and unravel the whole thing.
Creating an elegant body of work is hard.
Destroying is easy.
Take that you stuffy snob nosed creator. BOOM. BANG. CRASH. Destroyed!

The adolescent feels great.
He has succeeded in being the bossy bull in the proverbial china shop.

Here's another group that feels good about themselves.
They are breaking apart the U.S. patent system.
The only good patent is a busted patent as far as they are concerned.
Take that you stuffy snob nosed creators (a.k.a. inventors). Be forewarned that the abacus man cometh for you.
We dun teached you about the laws of nature.
The great unraveling. Entropy.
BREXIT. BROKES-IT. BLOKES-IT.
Nothing matters.
Let's again warp back to the Medieval Times dance!

Monday, June 20, 2016

Be Cuzz "We" say so

CUOZZO SPEED TECHNOLOGIES, LLC v. LEE

Breyer J. --"But where a statute leaves a “gap” or is “ambigu[ous],” we typically interpret it as granting the agency leeway to enact rules that are reasonable in light of the text, nature, and purpose [**] of the statute. Mead Corp., 533 U. S., at 229; Chevron U. S. A. Inc., supra, at 843. The [IPR] statute contains such a gap: No statutory provision unambiguously directs the agency [(the USPTO)]to use one standard or the other. And the statute “express[ly] ... authoriz[es] [the Patent Office] to engage in the process of rulemaking” to address that gap."

** Article I, Section 8, Clause 8 --To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
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Sotomayor J. sorry for meth dealer but not inventors? (here)

Sunday, June 19, 2016

Don't Celebrate Just Yet

"Justice Clarence Thomas, a reliable conservative vote on the Supreme Court, is mulling retirement after the presidential election, according to ..." (here)

"If [winner is] Hillary Clinton, then she would get the chance to flip two Republican seats, giving the liberals a 6-3 majority."

The departure of Alice opinion writer, Clarence the Clown might seem like reason for celebrate. But be careful what you wish for. The liberals on the Court are equally anti-inventor.

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Rumors of departure premature? (here)

Tuesday, June 7, 2016

You didn't invent/build that (Part II)

The meme of "You didn't invent/build that" comes in several flavors.

Yes. One of them appears in the earlier post of basically the same title ("You didn't invent that"). It says that the community did not need "You" the inventor because the invention is the inevitable fruit of a community knowledge tree. You just happened by luck to come along, spot and pluck that banana off the tree first. But others were right behind you and would have done the same thing. It was inevitable. (Monkey #1 see banana. Monkey #1 pluck and peel banana. Tree made plucked banana on its own as mostly a natural phenomenon, Monkey #1 didn't do much, and neither would have Monkey #2 or the next one, etc.) Therefore "You", the one claiming to be first to invent or discover, have no right to patent and monopolize that which was inevitable and would have been done by the next person if not you, but mostly on the back of the community knowledge tree.

A second flavor of "You didn't invent/build that" focuses on what you really invented (but probably did not build) once one strips away or unmasks the deceptive add-ons of the crafty patent lawyers. This is where the courts and the USPTO discover on their own what the claim is truly "directed to".

You didn't invent what you claim. You invented an abstract idea. Then your deceptive patent draftsman came along and added insignificant guises (masking facades) to hide the fact that the true invention is merely the abstract idea we say it is.

We know better than you what the "gist" of the invention is.

Monday, June 6, 2016

You didn't invent that

A growing school of argument preaches that "innovation" and its significantly less important stepchild, "invention" are the inevitable byproducts of our "advanced" political-industrial complex.

For example, one recent editorial (here) warns:

"The gravest danger arising from the emphasis on “monetisation” of [our community's] traditional knowledge is that [outsider] interests will patent and monopolise benefits derived from [our community's] traditional knowledge not only elsewhere in the world but even here. This will prevent innovation based on traditional knowledge, depriving [our] society of the fruits of its own past."

It's as if all one needs to do is plant a seed, get the process rolling, turn one's head away and then look back with ingrained traditional knowledge that the seed will have inevitably taken care of itself. Provided itself with essential nutrients. Defended itself against all attacks. And sprouted into full blossom so as to be exploited by he who claims to have knowledge of the seeding event.

Where is the Little Red Hen when we need her?

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post scripts:
Biographies for authors of the referenced work may be found here.