Your Monday morning lulz

(1/2) > >>

MYK:
http://www.wigucomics.com/adventures/index.php?comic=955

JimIvey:
Please don't file patent applications for that stuff. The profession is still reeling from the dufus that thought swinging sideways was novel and non-obvious and the examiner that agreed. I myself performed the claimed method in public more than 40 years ago and observed others doing it in public at the same time. I did not sign any NDA at the time and, as far as I know, neither did anyone else at the performance -- and none of us had capacity to sign any contracts at the time.

My daughter takes after my sister; she has about 5 things she's willing to eat. Hot dogs and mac & cheese in a hard taco shell is not one of them, but includes 2 of them.

Regards.

Oh, Crud:

--- Quote from: JimIvey on 06-06-11 at 10:56 am ---Please don't file patent applications for that stuff. The profession is still reeling from the dufus that thought swinging sideways was novel and non-obvious and the examiner that agreed.
--- End quote ---

C'mon, "doofus" may be a bit strong. He was just trying to help the kids understand what Daddy does for a living. (Although I admit I would not have considered going about it in quite the same way.)

I liked the ending of the application text,

"... resembles ...swing from vines in a dense jungle forest, [so] the swinging method of the present invention may be referred to by the present inventor and his sister as "Tarzan" swinging. The user may even choose to produce a Tarzan-type yell while swinging in the manner described, which more accurately replicates swinging on vines in a dense jungle forest. Actual jungle forestry is not required.

Licenses are available from the inventor upon request. "

P.S. I should mention that in the "same conversation" I had, it was my kid (6) asking me "why can't we file a patent on this?"

JimIvey:

--- Quote from: Oh, Crud on 06-06-11 at 11:13 am ---C'mon, "doofus" may be a bit strong. He was just trying to help the kids understand what Daddy does for a living. (Although I admit I would not have considered going about it in quite the same way.)

--- End quote ---

I was being kind.

In fact, I'm thinking I'm being very generous by giving the guy the benefit of the doubt that he somehow never saw that method being performed when he himself was a child. Otherwise, the OED should probably get involved as a practitioner is filing claims that the practitioner subjectively knows are not novel.

I've had to explain why I do to my 8-year-old a number of times. Yet, I've somehow steered away from filing an application for something she thought of that I know isn't novel. And, yes, explaining to an 8-year-old that the body of "prior art" includes stuff that was done well before their birth makes "novelty" a bit abstract to them.

It would have been very easy to avoid actually filing the application -- "Hey. This application would cost about $400. I was thinking of getting you the new Nintendo DS 3D, but if you'd rather have this...."

In short, there are teachable moments with your children, but screwing with your profession is something else entirely.

--- Quote from: Oh, Crud on 06-06-11 at 11:13 am ---I liked the ending of the application text,

"... resembles ...swing from vines in a dense jungle forest, [so] the swinging method of the present invention may be referred to by the present inventor and his sister as "Tarzan" swinging. The user may even choose to produce a Tarzan-type yell while swinging in the manner described, which more accurately replicates swinging on vines in a dense jungle forest. Actual jungle forestry is not required.

Licenses are available from the inventor upon request. "

--- End quote ---

Nice. How much for a license? Given that I practiced the method myself for hour (cumulatively) over 40 years ago, how much do I owe him?

Look, I practice in a technology that's been out on a limb under Section 101 for decades and many (include some now and formerly on the US Supreme Court) have been going at that limb with hacksaws for that entire time. I'm passionate about the issue, not because I happen to make my living in it, but because I actually love the technology. It deserves to be recognized as a legitimate technology with the same protections afforded by the law to other, similar technologies.

The sideways swinging patent was a silly game played by one father that has been used repeatedly as a poster child to prove the patent system has run amok and, for whatever reason, as a pillar of the case to show that patents should not be applied to computer-implemented inventions. So, while the guy was trying to be clever and take advantage of what he perceived to be a teachable moment for his son, he kinda pissed on my workspace by mocking what I do.

Whether that's what he intended is unclear to me. But it's what he did, intentionally or otherwise.

Regards.

Oh, Crud:

--- Quote from: JimIvey on 06-06-11 at 12:43 pm ---...generous by giving the guy the benefit of the doubt that he somehow never saw that method being performed when he himself was a child. Otherwise, the OED should probably get involved as a practitioner is filing claims that the practitioner subjectively knows are not novel.
--- End quote ---

Yeah, I saw this addressed in an interview he gave about the time the hooplah hit the oscillator blades. He did claim that he was unaware of it previously himself, and said that his son thought he had invented it. As for Dad, could well have been a post-hoc self-serving comment to keep him out of trouble (both at OED and at 3M).

--- Quote from: JimIvey on 06-06-11 at 12:43 pm ---Nice. How much for a license? Given that I practiced the method myself for hour (cumulatively) over 40 years ago, how much do I owe him?
--- End quote ---

Funny, I've read that sentence any number of times and always read "freely available" into it. But I see now there's no reason to have made that assumption. But that is what I thought they meant (so you won't hire me to construe your next contract).

--- Quote from: JimIvey on 06-06-11 at 12:43 pm ---...I practice in a technology that's been out on a limb under Section 101 for decades and many (include some now and formerly on the US Supreme Court) have been going at that limb with hacksaws for that entire time. I'm passionate about the issue, not because I happen to make my living in it, but because I actually love the technology. .... sideways swinging patent was a silly game played by one father that has been used repeatedly as a poster child to prove the patent system has run amok a.... he kinda pissed on my workspace by mocking what I do.
--- End quote ---

That helps explain why you're so passionate about this one. In my circles (industrial/manufacturing mech, light chem), it really had little if any impact, except that in that little circle I've met people who claimed to have known the guy and said he was the last one to be poking the PTO in the eye on purpose.

Still, the outcome should have been reasonably foreseeable.

Navigation

[0] Message Index

[#] Next page

Go to full version