Top Five Reasons Not To Patent

FIVE REASONS YOU SHOULD NO LONGER BOTHER GETTING U.S. PATENTS

Patent lawyer Dennis Fernandez, in an opinion piece for BioITWorld
http:// www.bio-itworld. com/groups/staff/portlets/expert-comment/,
seriously or sarcastically or lamentably sums up a possible outcome
of business class warfare in the U.S. in the form of the castration
of the U.S. patent system:

   1.  There is no longer any guarantee of exclusive patent protection
       (eBay v. MercExchange kills injunctions)

   2.  There is no longer current assurance of reliable patent licensing
       (MedImmune v. Genentech)

   3.  An inventor cannot seek patent protection for "merely a
       combination of old elements)
       (the nonsense of KSR - I would have titled #3 differently:
       "Obviousness is now as vague as idea/expression")

   4.  Increased damages are now extremely difficult to sanction
       against willful infringers
       (In re Seagate)

   5.  The situation is only getting worse for patent proponents.
       (continuation rules changes, apportioned damages)

His conclusion: "Without adequate reform returning rights to patent owners,
the practice of applying for U.S. patents may soon no longer be worthwhile."
But are his comments inappropriate in this industry forum?  A PATNEWS
lawyer reader comments:

   He's either a liar or a fool (and that's a non-exclusive "or"). Each
   of the cited cases had very specific fact situations that are not
   present in every business situation (especially KSR and Medimmune).
   Just because it's no longer the land rush of the past decade or so
   doesn't mean that it's time to return to the days of ignoring patents
   entirely. Getting a patent still has real value if you have a real
   invention. (So much for Fernandez' clients, I suppose.)

   Frankly, I find it unprofessional and unethical for an attorney to
   make such hyperbolic statements to the public.

Yeah, as unprofessional and unethical as the KSR decision.

Math Complex Enough To Be Patentable

In the 19 October 2007 issue of Science magazine, U. Vermont mathematics
professor published an article: "Mathematics and Complex Systems", with this
abstract:

    Contemporary researchers strive to understand complex physical
    phenomena that involve many constituents, may be influenced by
    numerous forces, and many exhibit unexpected or emergent
    behavior.  Often such "complex systems" are macroscopic
    manifestations of other systems that exhibit their own
    complex behavior and obey more elemental laws.

The phenomena he is referring to all belong to technical, and therefore
patentable fields, such as electronics, chemistry, biology, etc.  But
he goes on:

    This article proposes that areas of mathematics, even ones based
    on simple axiomatic foundations, have discernible layers,
    entirely unexpected "macroscopic" outcomes ...

therefore, unpredictable, and thus pure math is KSR patentable,
even if KSR is semantic nonsense.

    ... and both mathematical and physical ramifications profoundly
    beyond their historical beginnings.  In a larger sense, the
    study of mathematics itself, which is increasingly surpassing
    the capacity of researchers to verify "by hand", may be the
    ultimate complex system.

Yes, and more - the ultimate complex PATENTABLE system.  From his
conclusion,
talking about mathematical systems in general:

    Evidently, complex systems may evolve from [mathematical] structures
    according to very elementary rules or transition laws; the
    seemingly "deterministic" nature of such foundations may belie their
    ultimate intricacy and unpredictability ...

Note: and unpredictable systems are KSR-patentable, even if KSR is
semantic nonsense.

    ... A combination of technical depth and breadth of relevance
    should be essential facets of any complex system.  Moreover,
    each should have "layers" of depth that are reasonably discernible
    to experts, even if there may be some disagreement about the
    precise nature of this term or where the "bonudaries" of the
    layers lie.  There should be some cross-fertilization of ideas,
    outcomes, and motivations spanning the layers (even if
    practitioners work primarily in only one layer).

That is, mathematics is a technical field as well, mathematical results
being technical results.

Thanks to these for support:

1a. kraynov.com
1b Uncommon
2. maulnet.ru
3. homelessinmoscow.blogspot.com
4. http://searchengines.ru/blog/
5. homelessinizhevsk.blogspot.com
6. artyom-maynas.blogspot.com
7. arn.ro
8. spryt.ru
9. anticorporativ.ru
10. volinrok.com
11. mastertext.spb.ru
12. kopernik.name
13. brokenbrake.biz
14. z.codeby.net
15. homelessin.blogspot.com
16. smopro.ru
17. problogging.ru
18. ruseosmo.blogspot.com
19. homebusiness.ru
20. blog.micromarketing.ru

ANTIGUA CAN PIRATE AMERICAN MOVIES AND MUSIC (China/Venezuela/Dubai can, too)

ANTIGUA CAN PIRATE OVER $20 MILLION OF AMERICAN MOVIES AND MUSIC The World Trade Organization recently ruled that the United States is wrongly preventing its citizens from using foreign Internet gambling sites. Antigua and Barbados, homes to many Internet gambling ventures, claimed billions of dollars in damages, but Antigua was only awarded $21 million in damages (a calculation based on potential revenues). The interesting part is that instead of having the U.S. government write a check for the $21 million, the WTO gave Antigua permission to violate American copyright laws by illegally distributing $21 million worth of music, movies and software products. Which will generate all sorts of new lawsuits ("That Britney Spears video is worth $20 dollars - No, it's worth 2 cents"....). Of course, what one hand grants, the other threatens to take away, with the U.S. government issuing a stern warning to Antigua to not do any such authorized infringing while talks continue. A bit of advice for the U.S. government. "Might makes Right" is a great policy as long your Might is the Mightiest. Thus, you might want to imagine a world one day where the new Might, say China/Venezuela/Dubai team up and offer all American movies, music and software for free from their servers. Heck, with the oil profits they already have because of joke American energy (R&D) policies, they could probably buy up the rights and legally give it away for free.