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.

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