[JDEV] Microsoft Patenting IM Translation

[Frank Gates]

Actually the patent office looks for prior art to form the foundation
for a new patent..  The example noted on Slashdot is Exactly what the
patent office and patent attorneys looks for... Google providing
translation of webpages, etc. before transmission to client.   MS looks
to build on that to do translation of IM text before transmission.  The
prior art here is foundational for MS' patent.  It doesn't matter if the
idea has merit or isn't very practical (as in translations using Babel
Fish aren't exactly A+ work).

But if the item being patented isn't substantially different or an
improvement in some aspect of the prior art then it is not a valid
patent.   The real point is you need lots of dollars to contend against
them.

Another point is that you can in turn make substantial improvements on
processes that they patent, which are patentable in their own right.
You might also create entirely different mechanisms to do the same thing
and so not infringe on their patent..

Software patents may suck, but they also are reality.  You have to
defend yourselves by either creating your own patent portfolio (and
patents are really only worth something if the right patent attorneys
did the work) and also must defend that portfolio (by being
litigious)...

Alternately, you may publicly document all ideas to prevent new patents
from being accepted.   And the documentation of those ideas must be in
forums that the patent office will notice in evaluating claims...
Otherwise, it will require litigation to expose your work as prior art.
(Meaning, i don't think the patent office will search JDEV or other
online forums to test claims prior to making its decisions.)

Frank


Bart van Bragt wrote:

> Don't patents become void when there has been prior art? I saw some
> people that mentioned prior art on slashdot?
>
> Richard Dobson wrote:
> > Microsoft Patenting IM Translation?
> > http://slashdot.org/articles/03/07/03/1759201.shtml?tid=155&tid=99
> >
> > Looks like we might not be able to do this now.
>
> This proves (again) that software patents just plain suck :\
>
> Bart
>
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