Ideology of patents

as if jumping into the thick of an ongoing lecture on patent writing, here is a brief rewind to the basic concept of a patent. The patent is:

• A government sponsored right to a monopoly – to reward the inventor for time and effort spent.
• an advantage of First to Market
• A right to exclude people from practicing an invention– not a right to practice it.
• an instrument entitled to license rights for use thereof.
• Covered for 20 years from the date of filing an original application.

Patentable subject matter

The presence or absence of human control is at the core of every patentable subject matter question. First, it is crucial to determine what an inventor claims to have invented or discovered, there is always this element of human control. The Prior Art section: to show a patent is fatally flawed

• Something that shows that a patent is NOT NEW or is OBVIOUS – not eligible for protection.
• Prior art includes: any publication, in any language, located anywhere in the world, thesis, dissertation, article, textbook, patent, assignment, white paper, written materials handed out during a presentation, product, product brochure – they all must be publicly available (as a product, or printed).
• Prior art includes recollections of what someone (or oneself) said, of a trade secret, or a confidential memo.
• Prior art is also patent databases, other language databases, documents, publications –published before the filing data of the patent.
• Prior art section most often compares a relevant publication to CLAIMS of a patent.

MICROSOFT'S E-BOOK CRACKED

Way back on 25 March 2003, the issue of PC Magazine, page 25, has a brief news item as follows: An anonymous tech whiz has created a 29K command line program called Convert Lit to turn Microsoft Reader's Digital Rights Management component against itself. PC Magazine has verified that running Convert Lit on a PC with legitimate rights to read a purchased DRM5 e-book title removes all protection and even exports HTML from the LIT file. This battle will never be solved solely with technology. Something the Defense Department never understood about its software reuse efforts in the 1980s.

You can see it, but you don't know what it is

Issued software patents are bad, with way too many issuing with overly broad claims. But compared to what? There are too many bad patents issuing in all fields, so many that the glare from the sun reflecting off their new shiny paper surfaces is giving me a headache. That's why some of you have seen me wearing flip-uppable sunglasses - that is two polarizing lens, a holding mechanism for the lens, and a second holding mechanism that allows me to flip the polarizing lenses out of the way. WAIT A MINUTE - WHAT A BRILLIANT FREAKING INVENTION.

US Patent 6,502,936 Vision facilitation apparatus and method 1. An apparatus for facilitating vision of a user, comprising: a lens for improving vision of the user when positioned near an eye of the user; and a holding mechanism, including a first portion at least partially framing the lens and a second portion extending from the first portion for being controlled by the user to position the first portion and lens near the eye. when every extra word serves to limit the scope of a claim, this narrative is too nebulous I know, we need divertible maintenance fees for Congress to steal.