Definition of patent Lands
by Dennis Crouch
On February 8, 2013 (this Friday), the Federal Circuit will sit en banc and hear arguments on two important patent cases. In CLS Bank v. Alice Corp the court will focus on the patenting of inventions implemented through software. The two particular questions highlighted in the en banc order are:
a. What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible "abstract idea”; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea? ; and
b. In assessing patent eligibility under 35 U.S.C. § 101 of a computer-implemented invention, should it matter whether the invention is claimed as a method, system, or storage medium; and should such claims at times be considered equivalent for § 101 purposes?
In addition to the parties, the Federal Circuit has also granted leave for the USPTO to participate at oral arguments. The USPTO’s brief focused on practical mechanisms for the process of determining § 101 eligibility. The agency wrote “the essential question under § 101 is whether the claim, properly construed, incorporates enough meaningful limitations to ensure that it amounts to more than a claim for the abstract idea itself . . . This Court should identify a non-exhaustive list of factors for district courts and examiners to consider in resolving that essential question on a case-by-case basis.”
Source: Patent Law Blog (Patently-O)
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If STUPID were a crime....
I'll allow the audience to form their own opinions.
Ignorance, can be cured thru education (omg,almost typoed), experience, and
even in some cases from critical self-examination.
Some people say that the definition of CRAZY is doing the
same thing over, and over, expecting different results?
I think that definition applies to stupid, too.
Definitions of stupid on the Web:
lacking or marked by lack of intellectual acuity
a person who is not very bright; "The economy, stupid!"
stupidity - a poor ability to understand or to profit from experience < -- this 1
stupidity - The property of being stupid; An act that is stupid; Obstinacy
Oh yes there is such a thing as a patent
Indeed, this is a very controversial issue right now, touching on the definition of intellectual property rights, indigenous people's rights, foreign relations between western industrial nations and the rest of the world, and international patent law itself.
If Harvard university can patent a mouse, why do you not believe there is such a thing as a food patent?
I do not just mean the...ompanies like Coca-Cola or Hersey's would have been out of business a hundred years ago if anyone could go to the patent office and get their secret formula.
Any more fallacies, misunderstandings, or bonehead assumptions you'd like me to clear up for you, Mr. PickleProduct
Ya got me
The actus reus of theft is usually defined as an unauthorized taking, keeping or using of another's property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use.
In this case, it deprives the author of recgonition and/or compensation for the use of his product...ellectual Property Rights (TRIPs) requires that signatory countries establish criminal procedures and penalties in cases of "willful trademark counterfeiting or copyright piracy on a commercial scale".
So it is a CRIMINAL ACT, not just a civil matter. While it may not be THEFT under the absolute definition, it is depriving the author of his due, and not many courts would split those hairs.
Props to Intellectual Property — E-Commerce Times
Let's estimate this using the most inclusive definition of intellectual property: patents, copyrights, trademarks, trade secrets, customer lists, business know-how, and other secret sauce. Relationship to Market Capitalization. An oft-cited statistic …
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