Tuesday, February 9, 2016

Missile Launch is Ruse for Demoting Progress in Science, Useful Arts

Vice President in charge of "Moonshot" admits aim of taskforce is to "break silos" and force sharing of results.

"That’s the goal of this moonshot."
"The task before us is to break through some of the barriers and do what we can to help speed up the progress, so that we can deliver treatments and increase access to these new [cancer treatment / prevention] approaches for millions more people."

Hat tip to "But Where is the Patent Power?"
As practitioners in the patent practice know, it is the publication of patent disclosures that break down trade secret silos and disseminate know how to the rest of the world. Bureaucratic taskforce meetings disseminate hot air, not enabling know how in the useful arts.

However with the Supreme Court decisions in Myriad and Prometheus in view, it would be foolish for researchers to reveal any of their discoveries in the biochemical realm by way of patents.

The patent busting policies of the current administration result in the exact opposite of what they preach. Barriers are not broken down. Trade secret walls are going up again as we speak.

H.R.3326 - Defend Trade Secrets Act of 2015

Sunday, February 7, 2016

Crony Capitulators

Hardly anything is accurate in this Forbes article about software related inventions.
They did get one thing right though by noting:

"Similarly, the PTO has been (almost gleefully) following the lead of the courts in rejecting computer-related inventions [under Alice v. CLS]. The American Bar Association's "Post-Alice Task Force" has found that the majority of PTO Section 101 rejections citing Alice have been boilerplate rejections, without ... specifically addressing the claims at issue."

And why not be "gleeful"?
After all, if you are an overburdened examiner, here is a "no brainer" tool for lightening you work load.

(Except that by shutting off your brain, you become a "tool" of them that don't like intellectual property too much.)

Harried District Court judges also gleefully jump on the Alice-so-good-for-us band wagon.

What better way to simplify your docket than by seeing a quick rabbit hole path to summary judgment and immediate disposal of the case? Of course the invention is "directed to" an abstract idea and fails to recite "significantly more". If the Supremes can declare it so, surely I can make it so too.

Thursday, February 4, 2016

Coding the heck out of code

Justice Kennedy's 2nd yr engineering student does it.
Birds do it.
Obama's future kids do it.
Let's do it.
Let's "code" the heck out of stuff.

"Coding" is the new code talk among politicians and judges to explain what the whole "technology" thing is all about.

According to President Obama, all we have to do is get our elementary school kids busy "coding" and the future is ours.

According to Supreme Court Justice Kennedy, "coding" is what all 2nd year engineering students know how to do on their generic computers for implementing any and all abstract ideas. Give them an abstract idea. Mutter the magic words, "apply it". In no time (well, actually it might take a whole weekend but no more) the thing is done. Obvious. Simple. Easy. That's why birds do it and even elementary school kids can do it. Let's all do it. Let's code up our lives.

(work still in progress ... perhaps)

Saturday, January 30, 2016

Where in the room is the "Villainous" pro-patentor?

Find out here: The secret "Villain" at the policy pundits get together

A question often comes up as to who is the odd man out at the poker or other "takers" table.

In the case of the fair and balanced CES 2016 IP policy meeting, it becomes clear who the "secret villain" is and who are the good fellas (takers).








Virginia is not for patent lovers

Thursday, January 28, 2016

Oh the Stuff they Stuff into Supreme Leaders' Head

One of the smartest men on the planet recently explained how the science thing works (sort of):

You get into a situation room with some of your smartest friends.

Oh, and to be fair and balanced, you bring in one dissenting voice (who isn't your friend).
Because you know, you have to hear all sides.
You test competing ideas.

You hear all the arguments, testing prodding.
That's how the scientific process works.

You figure out what makes this country great.
You figure out what the shared reality is.
Introspective soul searching gets you to the right answer.

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Really?
That's how science works?
Introspective comprehension of how stuff works?

Amazingly, that is how the Supreme leaders at SCOTUS also operate.
Yes we can ---code up any abstract idea over weekend's time.
Yes we can ---splice up DNA just like you pluck a leaf off a tree.
Yes we can ---get smarter every day and promote the progress of science and the useful arts by de-securing exclusive rights of inventors and discoverers to their respective inventions/discoveries so that the truly-innovative ones can have their way.

Wednesday, January 20, 2016

Anonymous Loan Application Process in Pre-Internet Times

Those who are well versed in history know that applying for mortgages "anonymously" was conventional and routine business practice in the good old pre-Internet days.

Therefore there is no "something more" and truly inventive in MORTGAGE GRADER v. FIRST CHOICE LOAN SERVICES (Fed. Cir 2016)

Been there. Done that.
Face the Stark realities.

Federal Circuit Strikes Two Software Patents Under 'Alice'

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Question for Patent Hawk: In your 1/22 blog post "The Unpatentable Mind" you are saying that with sarcastic tongue stuck in cheek, right?

Monday, January 18, 2016

2016 "Spirit of Innovation" includes AIA as fundamental building block (make it so)

T'was the day after SOTU
In the year 2016
And about the House of White
Or there in between,
There shone a renewed spirit of innovation, bright and alight.
Like none before seen.

Yes "we" can, shoot for the moon yet aggin' it was said
The Spirit of old St. Louise ain't quite yet dead

Innovation is the middle nucleotide in our name
Brother Biden go ignite Mission Control's faded flame
Beat them cancers and write some computer code too
Any engineerin' student ore' weekend Shirley this can do

Make it is so Captain Stewart says
Back to work you lazy eggs

Back to Work --The Spirit of Innovation

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Biden's Cancer Moonshot Aims to Launch Us Deep Into Our Own Genomes