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Patents

More Microsoft Patents 352

An anonymous reader writes "One of the editors of LinuxWorld Magazine has an entry in his blog detailing more patents that Microsoft recently acquired. No, this isn't a rehash of the sudo patent. The new patents include one that seems to patent the use of the keyboard to navigate a web page! See the article here."
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More Microsoft Patents

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  • by erick99 ( 743982 ) <homerun@gmail.com> on Sunday September 05, 2004 @12:28PM (#10162823)
    This silliness ends when the Patent Office puts together a group specifically to deal with technology patents. It's important enough to warrant it's own dedicated group of industry experts.

    Cheers,

    Erick

    • by dpilot ( 134227 ) on Sunday September 05, 2004 @12:46PM (#10162929) Homepage Journal
      No. It ends when US IP Law gets to silly that innovation is completely stifled in this country. At that point, real innovation will have moved overseas, and the USPTO will be irrelevant.
      • by Ender Ryan ( 79406 ) <MONET minus painter> on Sunday September 05, 2004 @01:28PM (#10163168) Journal
        At that point, real innovation will have moved overseas, and the USPTO will be irrelevant.

        What do the major American CEOs care? They're moving it overseas anyway! Maybe that's what they want. They don't even have to worry if it costs them a few hundred million USD every now and then, they're still richer than the whole rest of the world combined(possibly an exaggeration, but maybe not...).

        I predict that only until the U.S. itself becomes irrelevant, economically, nothing here will change.

        Paranoid raving? Justified cynicism? Entirely right? I don't know...

        • What do the major American CEOs care? They're moving it overseas anyway! Maybe that's what they want. They don't even have to worry if it costs them a few hundred million USD every now and then, they're still richer than the whole rest of the world combined(possibly an exaggeration, but maybe not...).

          There is some hope -- the current generation of young people can't get jobs except at Walmart or McDonalds -- they're just not out there. People are starting to clue into this.

          The problem is that the US (a

          • thats the way the job market has been for a couple generations now. All the good jobs have been filled for a while and the only way to get them was to know someone and apply at the right time. Nothing has really changed in the last dozen years that i know of.

            One of the problems is that we have marketing people for industry that attemps to convince lots of kids to train in certain areas by stating all the saleries that people get paid and shit like that. Now were there was a downfall of workers in a cert
        • "I predict that only until the U.S. itself becomes irrelevant, economically, nothing here will change."

          And the US will not become irrelevant until the rest of the world stops buying pepsi, nike and britney spears CDs.

          it just amazes me that millions of people protest US foreign policy but go see an americna movie or buy american cigarettes.
    • And who do you think they'll turn to for "industry experts"?
    • by Anonymous Coward on Sunday September 05, 2004 @12:50PM (#10162954)
      I think the problem is not that they don't have a dedicated group of industry experts -- it's that they don't have *enough* people to handle the huge deluge of patents.

      I think that another problem with this, too, is that patent disputes are often handled "incorrectly". Instead of disputing patent infringement through courts, I think that all patent-related disputes should be settled through a special (out-of-court) mediation system run by the patent office.

      Perhaps I would suggest a system with 3 mediators per "settlement session" -- 2 who are highly-trained, skilled individuals with specific experience in the area of the patent dispute, and perhaps 1 who has some formal judicial experience.

      Their jobs would basically consist, on a daily basis, of hearing patent-related complaints. Part of this effort could be funded through fees collected as a result of patent submission. (Hence, to fund this, I recommend that patent application fees be raised by some nominal amount.) That way, even "little guys" can go to this settlement session without having to have legal representation (and having to pay the large fees associated with them).

      Of course, there are many other things that would have to be considered in order to implement such a system, but you get the point. I suspect that this "forced arbitrage" would render the patent system a bit "leaner" and less worrisome for the "little guy" who might be threatend by large, enormous patent-wielding multinationals.
      • Its a good idea but I think that in reality it probably wouldn't work. The problem with arbitration is that there is NO guarantee of a solution. The parties involved must come to some agreement, and the arbitrators have no real power over them. While the arbitrators can try and help the parties to see sense, there is often a big difference between legal/moral/ethical sense and the economic sense that large companies have in mind. When things can't be resolved then the case just goes back to the court room.

      • by lspd ( 566786 ) on Sunday September 05, 2004 @02:53PM (#10163586) Journal
        I think the problem is not that they don't have a dedicated group of industry experts -- it's that they don't have *enough* people to handle the huge deluge of patents.

        Call it what it really is.

        Patent Spamming

        Throw enough crap at the USPTO, and they're bound to approve some of it.
      • by solprovider ( 628033 ) on Sunday September 05, 2004 @04:25PM (#10164050) Homepage
        to fund this, I recommend that patent application fees be raised by some nominal amount.

        I agree with your ideas, but the implementation would not work:
        1. Moving patent complaints to "settlement sessions" would not remove the need for lawyers. Big companies would send their lawyers, and normal people would have little hope without their own lawyers. Patent applications are so complex that applying for one without an IP lawyer is a waste of money; defending a patent without a lawyer would be worse.

        2. Raising the fees would exclude even more "normal people" from applying for patents. They already cost too much: the basic filing fee is $770, [uspto.gov] and most patents require additional fees. My IP lawyer requires $8000 before starting the process (and you do not want to file without a lawyer.) This means that the McD's worker who invents a better basket for frying fries has no hope of affording a patent.

        Better would be to lower the fees, but add penalties based on your income. One percent of your yearly income (average the last 3 years) should work. If the minumum-wage worker files for $100, and could be penalized another $100, he may go for it. If MSFT files for $100, but could be penalized $74,000 (generously using the net income after taxes and all other deductions) [yahoo.com], they might stop filing these obviously bad patents.

        Extra incentive: give a portion (10%?) of the penalty to whoever provides evidence that a patent is bad:
        - MSFT proves Joe WageWorker's patent is bad: Joe is penalized $100; MSFT is given $10.
        - Joe proves MSFT's patent is bad: MSFT is penalized $74,000; Joe gets $7,400, preferably tax-free for doing the government's work for it.

        This could result in patents being filed by the lowest paid person involved in the process (like the janitor.) Any ideas about avoiding that problem?
        • ...This could result in patents being filed by the lowest paid person involved in the process (like the janitor.) Any ideas about avoiding that problem?

          Assuming the plan *COULD* work (it would never be imposed), simply add a rule that if the patent is filed in the janitor's name, then the janitor owns it, not the company. If the company lays claim to the patent (via a w"e own everything you do" employment contract), then the company owns the patent not the janitor even though he filed it.

          The problem i

    • by beh ( 4759 ) * on Sunday September 05, 2004 @12:53PM (#10162975)
      No - it will end once they put legislation into place to also punish abuse of patent laws.

      (e.g. introduce a blocking period for a company/holding if they introduce an abusive patent; e.g. a patent that clearly violates obviousness restrictions, or patents that have lots of prior art, like the TAB-links patent seems to have; if a company were denied even filing additional patents for a year of so after trying patent abuse, it would definitely put more pressure on the companies to only submit sensible patents; because otherwise they might forfeit the possibility to patent something that might really warrant a patent).
      • by gaijin99 ( 143693 ) on Sunday September 05, 2004 @01:01PM (#10163024) Journal
        Not a bad idea, but I don't think it goes quite far enough. After all, MS can spin off as many daughter companies as it wants to to file patents for it.

        I'd argue that extending the block period to two years (more damaging to the false filers), as well as extending it to all daughter companies would be more effective. Personally I'd like to see a more vendictive clause put in: you file a false patent and three of your existing patents will be placed in the public domain. I don't see that happening, but I'll bet that'd stop this crap cold.

      • An interesting idea, but it requires somebody to identify patents that are attempts to abuse the system. The USPTO should do this at the moment but they don't (if they did there wouldn't be much need for your suggestion).
        • Here's a thought...

          Perhaps there could be a law where any company whose patents have more than X amount of prior art then receives an audit of all its patents. Any with Y percent of junk patents are barred from registering patents for Z years.

          Of course, any junk patents that are discovered in the Audit are placed in the Public Domain.
          • --yours is the best idea yet. I was going to post it (something very similar) until I read your reply. There should be something like a three strikes and you are out. Try to patent three bogus patents, or get three over turned, you are barred from ever trying again.

            The other is obvious, just BAN IP patents. Eliminate thew whole shooting match, and invalidate all past IP patents. Patents should be reserved for TANGIBLES. Copyright-OK, patent, nyetski! We had intangibles before, when the patent office was se
      • If companies were barred from filing for patents, i think they would then have their employies file for patents that they are obligated to turn over to the company if it gets granted.

        It would be unfair to bar employees of a barred company from filing for patents, because its entirely possible that they came up with ideas on their own time that have no relation to the company (although, that hasn't stopped companies from claiming they own all thoughts of their own employies before).

        As long as patents are t
      • My suggestions on how to fix the problem:

        1) Publish all patent applications immediately.

        2) Require that the patent application identify anyone against whom an action may be brought or anyone that the applicant may want to put on formal notice about the patent. Under this scheme, I would think that any company filing a patent would provide formal notice to all known competitors from the very beginning.

        2a) If an alleged infringement is identified after the patent is filed, but not issued, ammend the paten
    • This silliness ends when the Patent Office puts together a group specifically to deal with technology patents.

      Techology patents?.. As opposed to what?

      But, seriously, don't kid yourself. The "silliness" as you so eloquently put it (I would have outright called it corruption or sabotage) will only end when the conflict is resolved by means of confrontation.

      The only reason for them to mend their ways would be a giant smack on the head by the society - something on the scale of Enron. Unfortunately, the pub
    • I think there should be a three month public review system with bounties. Patent applicants should issue a non-trival bond. If someone is able to prove the patent to be invalid, they should be compensated by grant of the bond.

      Basically, we create an insentive for public review, maybe even create a cottage industry, while at the same time creating a penalty for abusing the system or failing to do basic research.
    • What would put a brake on some of this nonsense is to have, as part of the patent review process, a period of one year of public comment on each. The public would then have the opportunity to comment on whether or not the patent was "novel" or "obvious", and can bring up prior art. The patent examiners would be required to take the public comments into account when they rule.
  • Lynx (Score:4, Insightful)

    by SpaceLifeForm ( 228190 ) on Sunday September 05, 2004 @12:29PM (#10162830)
    How obvious does it have to be for the USPTO?
    • What makes you think that anyone working for the USPTO has ever heard of lynx?
      • Re:Lynx (Score:4, Insightful)

        by Anonymous Coward on Sunday September 05, 2004 @02:57PM (#10163615)
        Either we need to shut down the USPTO, or amend the process so that those who submit fraudulant claims can receive criminal penalties, not just the obviously ineffective civil recourse.

        Consider if you went down to city hall and filed paperwork transferring ownership of several dozen properties into your name, as well as the city park and other "public commons" properties. You then went out and notified the legitimate owners of the properties you just stole that they either pay rent to you or you're evicting them.

        In this scenario, you're going to jail. But when Microsoft fraudulantly claims ownership to other persons property and public commons property, their only risk is having the paperwork undone and the application expense wasted.

        It's time to pursue criminal penalties. Balmer's obviously perpetrating fraud and theft. Let's see him spend time with Bernie Ebbers. And if our government doesn't see it this way, then they should not be surprised when we come and close down the USPTO and other enablers of this crime. Certainly they know they're accessories to this crime by now? Either fix the problem folks, or we're going to lump you in with the other white collar criminals.
    • Re:Lynx (Score:4, Funny)

      by mindriot ( 96208 ) on Sunday September 05, 2004 @03:39PM (#10163824)

      Well, it gets even better - some guy in Australia has patented the wheel [bbc.co.uk] (credit for that link goes to one of the comment posters on the article page).

      I wasn't entirely sure if I should laugh or cry.

  • Old Patent (Score:5, Informative)

    by sangreal66 ( 740295 ) on Sunday September 05, 2004 @12:29PM (#10162832)
    This patent was filed 7 years ago. They use IE 3 as a reference.
  • Just try to tell me lynx didn't do it before IE.
  • by Nick Driver ( 238034 ) on Sunday September 05, 2004 @12:31PM (#10162844)
    ...order immediate drug tests for the entire staff of the USPTO.
  • Patents are utterly ridiculous. The US Patent Office is profitable, so clearly funding isnt the issue.

    We need to a have a period of public review before patents are issued. Then again, after the first couple months people will lose interest.
    I suppose it's better than nothign. Does the US PTO have a permanent staff of patnet reviewers or do they consult out some of the work?
    • Re:Patents (Score:5, Insightful)

      by FooAtWFU ( 699187 ) on Sunday September 05, 2004 @12:43PM (#10162906) Homepage
      Patents are utterly ridiculous. The US Patent Office is profitable, so clearly funding isnt the issue.

      On the contrary: Perhaps funding is the issue. If they make money for every patent filed, there's no incentive for them to throw out or even discourage bogus patents.

    • Re:Patents (Score:3, Insightful)

      by rollingcalf ( 605357 )
      The amount of funding isn't the issue, it's the method of funding.

      The more patents they approve is the more people and corporations that will apply for patents. The more applications they get, the more money they receive.

      The system promotes a cycle in which they approve patents easily because they don't have the staff to do sufficient reviews, and the increased approval rates attract more patent applications, which makes it even more difficult to do sufficient reviews.

      There needs to be an incentive to r
      • ... because then if they approve a bunch of bogus patents and have to pay a bunch of court costs, they will lose all their money and... what... go out of business?
    • Re:Patents (Score:4, Insightful)

      by Zocalo ( 252965 ) on Sunday September 05, 2004 @01:34PM (#10163198) Homepage
      I think this would be a good idea too; a period of a few months between submission and approval of a patent during it would be open to public review and any possible prior art submitted. This is in addition to the relevent PTO doing a thorough review of the proposal of course, and could also be used a means of annulling some of the more dubious patents already in existence. The fundamental problem with this approach though is that a key issue of patent infringement cases is whether the defendant knowingly infringed upon the patent. Obviously any damages are going to be much higher if that can be shown to be true, and it's this that leads to plausible deniability rearing its ugly head.

      As the law stands now, companies try and remain ignorant of any patents filed by their competitors, thus (in theory) minimising their liability while enabling business as usual. The contingency plan in the event of being accused of patent infringement seems to be to be one of trying to fight the patent first, and if that looks like failing enter into a cross licensing deal with your own patent portfolio. Given that stance, even if patents are open for public review prior to approval, I doubt many companies would be willing to review and submit challenges if doing so might negate their claim to ignorance in the process. Sure, they might get patent application X annulled, but if they are found to be infringing upon approved patent application Y then they are going to find it much harder to show they were unaware if they are demonstrably reviewing patents.

      The current situation with patents at the USPTO has gotten way too far out of hand, probably so much so that recovery isn't likely to happen no matter what is done. Even so, it's going to be better to at least make an attempt at reigning things back in than doing nothing at all, but I don't think that patent lawyers raking in the dollars are going to be too happy with that idea...

  • I'm rich (Score:2, Funny)

    by Paralizer ( 792155 )
    Patent the use of TAB! That'll show those bastards who's running things..
    • by Anonymous Coward
      Patent Ctrl-Alt-Del!

      Windows become unusable instantly!

      p.s. if I decided to be nice and license my patent to MS my estimated royalties are:
      1 cent per use (I'm a kind soul)
      1 login, per day, per user = 1.8 billion per year, nice pocket money.
      approx 10000 reboots per day, per user = 18 teradollars per year! Hooray, I'm so rich I don't even know what the units are called to describe how rich I am!
    • by Gabrill ( 556503 ) on Sunday September 05, 2004 @01:34PM (#10163197)
      A new consortium of keyboard makers have replaced the old, patent encumbered "Tab" key with a new key in the same location, labelled "Over".
  • Prior art found (Score:5, Insightful)

    by Aim Here ( 765712 ) on Sunday September 05, 2004 @12:32PM (#10162849)
    "A user may discover and navigate among hyperlinks through the use of a keyboard. For example, a user may press a tab key to discover and navigate to a first hyperlink that is part of a hypertext document."

    Replace the tab key with the cursor keys and you've got the Lynx browser. Jeez, what a pile of nonsense.
    • Many people like to use the excuse that such patents are for "self defense".

      It's also said the best defense is a good offense, so I really don't trust any company that keeps trying to patent the obvious. Instead of wasting money "defending" against bogus patents, how about investing in fixing the patent system?

      • Instead of wasting money "defending" against bogus patents, how about investing in fixing the patent system?

        Two questions:

        1) How exactly does a company do that? Sure, they can lobby, but despite common opinion here that often comes to nothing, and they wouldn't be lobbying unopposed. Also, given that this is MS we're talking about, the company that everyone loves to hate, the politicos may well be wary of being seen to be too cooperative.

        2) In the meantime, they're still just as vulnerable to attack, w
    • Re:Prior art found (Score:5, Interesting)

      by backslashdot ( 95548 ) on Sunday September 05, 2004 @01:10PM (#10163061)
      You know the sad part is that some historian in 200 years may look through the patent office archives and conclude that microsoft invented the idea.
      • about a Chinese emperor. He wanted to be known as a great patron of the arts and sciences. So he ordered all books and paintings burned. Then he got the artists and scientists to together to rewrite the books and repaint the paintings. That way all of this innovation would date from his reign.
    • Actually, I think it has been a standard part of graphical web clients for a long time. Tab and shift tab to any particular form entry, button or link, press space bar or enter to follow it.
      • Re:Prior art found (Score:4, Informative)

        by TheNetAvenger ( 624455 ) on Sunday September 05, 2004 @08:58PM (#10165301)
        Actually, I think it has been a standard part of graphical web clients for a long time. Tab and shift tab to any particular form entry, button or link, press space bar or enter to follow it.

        Actually IE 3 was the first browser that allowed keyboard Navigation, and was one of the 'new' features of IE3 that gave it a lead on all the existing browsers of the time.

        Just because it is COMMON in all broswers today doesn't meant that microsoft isn't the first software company to implement the idea in a Browser.

        Which I am sure will anger a lot people here, but they were the first browser to have keyboard navigation features.

        Some of us that were here when IE3 was released, remember this, and how handy it was at the time.
        • by Reziac ( 43301 ) on Monday September 06, 2004 @12:22AM (#10166242) Homepage Journal
          On my system I have NetTamer (a browser for DOS), which has both textmode and a sort of graphical mode, and allows keyboard navigation (including, IIRC, use of the TAB key to move between links). I don't recall when the program was first developed, but it runs gracefully on an XT, so that should tell you something about its age!! (1993ish origins, I think)

  • by IgD ( 232964 ) on Sunday September 05, 2004 @12:33PM (#10162852)
    For the first time ever, I'm going 100% Linux. I'm getting ready to order my next PC in the next few days. I've got all the apps I need covered except gaming. Electronic Arts and other big game companies, I'd pay $100 for a Linux version of Battlefield Vietname for example.

    The irony of the whole thing is that Linux is doing the same thing to Microsoft that they did to Netscape. Netscape should have run around patenting the browser I suppose...

    If enough consumers give Microsoft the axe like me, maybe they will get the message.
    • Netscape should have run around patenting the browser I suppose...

      I say that we should start doing this sort of thing in retaliation. Let's patent everything in sight, but allow for general use of the idea.
  • by MntlChaos ( 602380 ) on Sunday September 05, 2004 @12:34PM (#10162860)
    Apparently they have never used lynx or links. Those are about as old as browsers get and they have a key (the down key) that allows keyboard-based navigation and highlighting of the currently selected link (inverting colors). And they go over specifying in claim 6 that it basically be implemented in a linked list. As for claim 10 with image links, that's been around a good long time also. Someone must have been very high to grant that patent
  • by Anonymous Coward
    ...what will happen when a few companies have patented all the stupid, obvious shit that people have just been doing for so long, that in the short range seems to make sense, but in the end, ends up bringing down the whole patent system?

    Is that what Microsoft really wants, to bring it all down so that it can get MSIP (Microsoft Intellectual Property) 1.0 codified into law, where everything is backed instead purely by contract law and the terms they put into all sorts of "implied by viewing", "implied by re
    • 20 years after the last Stupid Patent (tm) is issued, the entire system will be free for public use. Unless someone stupid (cough Congress cough) decides to extend the patent rights to match those of copyrights.
  • by jdkane ( 588293 ) on Sunday September 05, 2004 @12:35PM (#10162864)
    Hopefully Microsoft will single-handedly make a mockery of the patent system (more specifically software patents) which will force the system to be reviewed sooner, and maybe some positive changes can come to it. On the other hand it's going to be tough in the meantime for the small developer to be caught up in small web page navigation patents and such in court.
    • On the other hand it's going to be tough in the meantime for the small developer to be caught up in small web page navigation patents and such in court.

      Nothing to worry about there. It will never happen. If M$ were to actually file a suit over any of these stupid patents, it would only draw attention to how completely baseless they are and might even cause their patent hoarding spree to come to a halt. Besides, there are too many people to sue. There were doubtless hundreds of infringers of this one the
      • might even cause their patent hoarding spree to come to a halt

        Am I the only person to have noticed that this "patent hoarding spree" only started (or at least, started to be publicised) since they were sued by Eolas?

        Looks to me like someone's taken a major disliking to that, and is making sure it never happens again.
      • by vsprintf ( 579676 ) on Sunday September 05, 2004 @03:19PM (#10163713)

        Nothing to worry about there. It will never happen. If M$ were to actually file a suit over any of these stupid patents, it would only draw attention to how completely baseless they are and might even cause their patent hoarding spree to come to a halt.

        Since MS has already bought off the DOJ (and apparently the USPTO), what makes you believe they'd lose? Most companies would simply give in rather than face an expensive legal battle with MS and its bottomless bank account. When MS starts enforcing its patents to restrain OSS, the only thing standing in their way is the EFF.

  • Sheesh! (Score:5, Insightful)

    by keiferb ( 267153 ) on Sunday September 05, 2004 @12:35PM (#10162866) Homepage
    There have been some silly patents covered here on slashdot, but these have got to be some of the silliest. What's next, a patent on the wheel [cnn.com]?
  • EU: Listen! (Score:3, Interesting)

    by BlowGish ( 745365 ) on Sunday September 05, 2004 @12:39PM (#10162888)
    Hopefully this happened just in time to show the EU the sillyness of the patent system. I wonder how long the US can hold up a system with so many bogus patents...
  • by theluckyleper ( 758120 ) on Sunday September 05, 2004 @12:46PM (#10162925) Homepage
    I've said it before, and I'll say it again: We need a statute of limitation on patent infringement suits! They already do this in China [chinalaw.cc]!

    One of the major problem with patents (in my mind) is the fact that patent holders are permitted to sit on their patents and do nothing, even when they are aware of infringing acts. Then, 10 years down the road, they spring out of nowhere with the infringement suit. This is what Unisys did with GIFs [burnallgifs.org]. Unisys allowed the web to become addicted to GIFs, without filing any suits. No, no... they bided their time! Wait until everyone is dependent on GIFs, THEN spring the trap; that's the key! I find this behavior to be underhanded and repugnant. UNISYS HAD TO KNOW! As if they were not aware that GIF was the image format of choice on the web. It's impossible.

    An infringement statute of limitation would prevent possible future evils, too. For example, how long has Microsoft known about SAMBA, and not done anything about it? Might they not enforce their IP at some point in the future, when Linux is finally becoming accepted on the desktop? To kill SAMBA at that point would severely cripple Linux desktop adpotion. A statute of limitations would prevent this.

    I'd even go so far as to suggest that a similar statute of limitation be applied to copyright violation suits. If a copyright holder IS AWARE of an IP violation, then they must file suit within a specified amount of time (2 years?), or lose the right to do so, in that instance. It's easy to see how this would benefit society: SCO.
  • by Anonymous Coward on Sunday September 05, 2004 @12:46PM (#10162927)
    Now there is a company that is an example of what a technology company should be today. They are not trying to imitate anyone but are innovating constantly.

    I mean just image how great it will be when those innovations are actually implemented and we can use them. Simply run a program as an other user, I mean, wow, just think of the possibilities.

    Or simply navigating a browser with the tab key, can it get any better?
    And in case you missed it, you can't only navigate with the tab key, it will also be visually indicated where in the hypertext document you are. I mean, talk about brilliance. They simply think about every little detail! whoa!

    I just can't wait to see these new features on my desktop.

    I love this company!!!!!!1111!!oneone!!1

  • ... this old joke [google.ca] isn't so funny anymore. :(
    SO IT WAS A PREMONITION!!!!
  • I think I'll order a Tab. [Presses Tab key, puts cup under disk drive]
    -Homer Simpson

    Seriously though, this is ridiculous and scary. How can anyone in their right mind not see the faults of the US Patent system? And better yet, why is nothing being done to rectify this?

    -01
  • Though I suspect the 'novel' aspect to this patent lies no in the concept of navigating to different links using the tab key, but rather how that selection is indicated (they contually reference a non-rectangular shape). Lynx won't count as prior art.
  • Hey, All.

    Apparently, the US patent system is quite loose with issuing patents. Yes, it asks for unobviousness and prior art, etc., but basically anyone can get a patent.

    However, patents are as worthless as the paper they are on until they are defended against infringement. Because of the precedent doctrines, once you lose a patent defense, you effectively lose the patent. So while this may seem scary, MS probably will not prevail in a lawsuit.

    The question is whether MS will sue someone poor and can't def
  • by KoolDude ( 614134 ) on Sunday September 05, 2004 @01:15PM (#10163092)

    The USPTO has just granted Microsoft a patent for "novel method to foster innovation". Using this new method, inventors will submit an application describing their invention to an authority which will then search through all previous inventions and judge whether the application is indeed novel. All succesful applicants are given a legal monopoly for their invention. Microsoft hopes this novel method will motivate inventors 768.8% more than currently used methods.
  • by kbielefe ( 606566 ) <karl.bielefeldt@ ... om minus painter> on Sunday September 05, 2004 @01:24PM (#10163147)
    I'm planning to write my congressman [house.gov] about the problem. He was pretty responsive the last time I wrote about another issue. Does anyone have a pointer to accurate sources I can refer to in my letter?
  • The USPTO only considers prior patents to be prior art. So someone can patent the keyboard itself and pre-empt MS's use thereof for everything...
    • The USPTO only considers prior patents to be prior art.

      Untrue. Any published document with a provable date or product with a provable date of first sale or public use is considered prior art. Hell, if you look at the art cited in the 6,785,865 patent you will see a few web pages and books listed along with prior patents.
  • YATWSDNARTPA (Score:5, Informative)

    by xigxag ( 167441 ) on Sunday September 05, 2004 @01:28PM (#10163166)
    Move along. It's just Yet Another Topic Where Submitter Did Not Actually Read The Patent Application.

    It doesn't patent "the use of a keyboard to navigate a web page." What it patents is, as far as I can tell, the use of the tab key to navigate to and to place a non-rectangular highlight over a weblink, or to place any-shaped highlight over an imagemap.
    • Re:YATWSDNARTPA (Score:4, Informative)

      by Anonymous Coward on Sunday September 05, 2004 @01:39PM (#10163227)
      Yes it does. Every claim is a little patent of its own:

      What is claimed is:

      1. In a computer system having a video display, a keyboard device for providing a key input, a method of discovering each of a plurality of hyperlinks in a hypertext document, said input device having keys, comprising:

      (a) displaying the hypertext document on the video display;

      (b) organizing the plurality of the hyperlinks in the document into a sequence in an element list, wherein the sequence of the hyperlinks is based on the disposition of each hyperlink in the document, and wherein the element list comprises information describing a location of a next hyperlink and a type of the next hyperlink; and

      (c) when a predefined key on the keyboard device is actuated, giving focus to the next hyperlink of the plurality of hyperlinks in the sequence.
      Then follow the other claims. So they do patent "the use of a keyboard to navigate a web page."
      • Re:YATWSDNARTPA (Score:3, Informative)

        by xigxag ( 167441 )
        Please mod up the above reply. My original comment was wrong. There are a variety of claims here, not just regarding highlighting the weblinks or imagemaps (as I mistakenly said), and the very first claim is in fact a method to use the keyboard to navigate the hyperlinks on a webpage.

        Regarding that first claim, Microsoft is claiming to have come up with a different (unique?) method for doing what Lynx and other browsers already did. It is commonplace to patent a distinct method of achieving something wh
    • Re:YATWSDNARTPA (Score:2, Insightful)

      by Anonymous Coward
      "It doesn't patent "the use of a keyboard to navigate a web page." What it patents is, as far as I can tell, the use of the tab key to navigate to and to place a non-rectangular highlight over a weblink, or to place any-shaped highlight over an imagemap."

      and you think it's better? You are crazy, sorry.
      And the dummies that modded you up too.
  • Ok, I've read about this countless times, where MS acquires patents about anything and then the rest of the world is stuck. Surely this time the patent will be revoked. Lynx uses the keyboard to navigate, and lynx has been around quite a while, so I'm hoping that THIS patent will disappear, otherwise all general web browsers are in trouble, not only mozilla, but safari, netscape, konqueror, opera...
    The entire world of browsers risks severe consequences if this patent is left into being.
    Someone please do thi
  • by jinxidoru ( 743428 ) on Sunday September 05, 2004 @01:34PM (#10163199) Homepage
    Maybe this is a good thing. If some of these ridiculous patents try to be enforced by Microsoft, they'll meet with some stiff legal competition. GNU/Linux and OSS in general has a lot more more behind it than most people realize. Attacks of this nature will fail just like all other under-handed attacks have failed. The blessing comes as people realize how silly patents are becoming. Then we'll hopefully see some strong patent reform, or just a removal of the agency all together.
  • Correct me if I'm wrong, but isn't tabbing through links part of the DOM or HTML specification? At least for filling out forms, there is an HTML parameter specifying what order form objects get tabbed through.
  • accountability.... (Score:2, Interesting)

    by andrejs ( 471528 )
    There should be accountability for examiners that approve these obvious type patents. If they are found after a complaint by an independent board of knowledgeable experts to have not done their homework so to speak; they should be fired with no benefits.
  • i started out in computing with DOS 4/5. i loved MS.

    fast forward a decade or so..

    am a diehard debian fan. hate MS. (i'm using the word 'hate' here.)

    what drove me to it? nobody on either side paid me.

    i think the post partially answers it. blatent rip-offs, redefining the meaning of 'innovation' to be 'predetory compitition squashing and conveniently swallowing up them whole'. disgusting. just plain disgusting. a two bit company that was at the right place at the right time.

    i still use links and lynx occ
  • of course I don't mean the buzzword "innovation" either.

    Make it easy for big, slow corporations to own all of the ideas in the world, and that's exactly what will happen... innovation will shift to areas of the world that aren't covered by the patents, and unfortunately that's only going to be Russia, the Orient, and Africa soon. (hell, those people do need SOMETHING though)

    However, as many others here have pointed out, regulation is a swinging pendulum and it will most likely swing back toward something
  • U.S. Patent Office (Score:5, Insightful)

    by Ping-Wu ( 604476 ) on Sunday September 05, 2004 @01:58PM (#10163329)
    Please visit a previous thread to see what kind of a moron our Patent Office has become:

    http://slashdot.org/article.pl?sid=04/09/04/1825 22 7&tid=154&tid=1

    We know that U.S Patent Office is notorious of issuing patents (particularly software patents) that are clearly unpatentable. But very few are aware that U.S. Patent Office is violating our constitutional right by promulgating and enforcing a Microsoft-IE-only policy.

    This little-noticed law really makes me mad and feel like crying--why a government agency can be so stupid.

    Basically, when you file a patent application, if the Patent Office thinks that your invention is not patentable because it is not novel or nonobvious, it will send you copies of prior art patents so you can rebut their rejection.

    Now the Patent Office has changed its policy and will not send you those hard copies. Instead, it requires you to download those prior art reference on-line.

    Under ordinary circumstances, this would not pose any problem, except that we are dealing with one of the most stupid government agencies in the history of mankind. The United States Patent Office, without much notice, now requires that, in order to download those references, you must register with the Patent Office, then the Patent Office will install a program ON YOUR MACHINE WHICH MUST BE RUNNING MICROSOFT INTERNET EXPLORER UNDER MICROSOFT WINDOWS to allow you to communicate with the Patent Office before you can download those prior art patents that our government must furnish you as a matter of our constitution right and as part of the filing fees paid to the Patent Office.

    Thus, basically it has boiled down to this stupid law: if you want to receive a patent, you are now REQUIRED BY LAW to have a machine with Microsoft Windows running Internet Explorer in your office.

    In other words, in order to exercise your constitutional rights, you must have a machine that runs Microsoft Windows and you must set Microsoft Internet Explorer as your default browser.

    What kind of stupid government agency is this? I know many banks used to have the same requirement (i.e., using Microsoft IE running in Microsoft Windows), but they have got rid of this stupid policy because they have to compete in order to survive.

    The United States Patent and Trademark can implement and insist such a stupid policy because it doesn't have to compete. But what about those 4000+ patent attorneys? How come all of them are so quiet? Are all of them idiots?

    Even our HomeLand Security Department has changed its Microsoft-only policy. It appears that our Patent and Trademark Office is the only government agency in the whole world that requires its users to use Microsoft Windows. Unlike Homeland Security Department, the U.S. Patent Office has to account to no one!

    Microsoft survives and propers exactly because our government agencies are unafraid to abuse their power and unashamed of being idiots.

    and

    http://slashdot.org/comments.pl?sid=120633&thres ho ld=0&commentsort=0&tid=154&tid=1&mode=thread&pid=1 0160890#10163299

    Article I, section 8, of the Constitutuion specifically provides that: "Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

    Congress has the power to determine what can or cannot be patented (e.g., mathematical formulas cannot be patented, but mathematical formulas reduced to software code can, etc.)

    Congress also vests in administrative agencies, e.g., the Patent Office, certain rule-making powers. Those rules, once promulgated, are equivalent to "laws", though they are much easier to be challenged in court. In order to exercise those rule-making powers, the agencies must follow certain well-defined procedure (e.g., publishing Official Gazette as Federal Register), AND
    • Do you plan to repost this in every story remotely related to patents and web browsers?

      If it is so much of a problem for you, why not just use pat2pdf [tothink.com] which is a "script [which] fetches the pages of a U.S. patent document from the USPTO patent database and converts them into a single PDF file." which "is reported to run on Linux, FreeBSD, IRIX and Mac OS/X." (according to the homepage).

      If you wish you can complain to the USPTO about no having a linux/mozilla version of whatever software it is you are talk
  • by 0x0d0a ( 568518 ) on Sunday September 05, 2004 @03:16PM (#10163700) Journal
    Once again, patent critics fail to know what they're talking about. The blogger got lucky -- he is probably right on the first patent being BS, though I'm a lot less sure about the second.

    When you are determining whether a patent is sane, the abstract content *does not matter*. That's just a tool to help you find a patent you're looking for. Same goes for the title. If you are saying "this patent has prior art", you should never, never, ever even *mention* the contents of the title or the abstract. They don't have legal force.

    The thing to look at are the *claims*. The patent covers anything that uses one ore more of the listed claims (these are numbered). Each claim has to be invalidated on its own, so you can invalidate a bunch of claims and not invalidate the whole patent. If there are multiple sections to a claim (these are lettered), then *all* of the sections must apply to a device,system, or whatever before it is infringing.

    So if you want to say "this patent has a claim that's bullshit", you need to cite an *entire claim*, including all the subsections of that claim, and show how those subsections already applied to an existing system *before* the claimed date of invention (there's another point; the date the patent is *issued* doesn't mean much). Furthermore, unless every claim is invalid, the patent still has strength on the valid claims.

    I don't like Microsoft. I really don't like software patents. But claiming that Microsoft is coming up with bullshit patents based on totally ridiculous grounds doesn't do anyone any good -- it just spreads misinformation among the group of people that could be criticizing Microsoft for one of many legitimate reasons.
  • by negative0 ( 96493 ) on Sunday September 05, 2004 @03:32PM (#10163794)
    If you look at claim 22 it sounds like they are talking about hypertext in general, but claim 23 narrows that scope to image maps.

    Anyone remember who came out with image maps first? It's possible that Microsoft did.

    Anyway, everyone is jumping up and down about this tab thing, when the patent is actually for highliting parts of an image map with circles, rectangles, or polygons as the user tabs through a list of hyperlinks.

  • by IBitOBear ( 410965 ) on Sunday September 05, 2004 @10:05PM (#10165644) Homepage Journal
    I would pass a law that say, essentially, than ANY implementation of ANY patented technology can not be held as "infringing" that patnent if it is executed entirely on or using "commodity computer hardware" that is not itself the subject of that patent.

    With this in place, general software is effectively unpatentable, but the software components of specialty hardware (e.g. CPU microcode) is.

    This creates a basic economic pressure. If you invent a brand-new form of (say) networking, then as long as you are manufacturing the network cards that your cusomers *must* use, then you are good to go. If, however, you "really want to cash in" the act of licensing your network cards for general manufacture, or manufacture your cards for general use, then your patent automagically goes away when a commodity threshold is passed.

    Another side effect is that "eumlators" are automagically legal. This means that your real devices must "outperform" the general emulation to be worth it. So a good "encyrption chip" for instance would be patentable, but the OOS/competetive implementation (which would presumably be slower unless your product sucks) would be legal and automatically non-infringing.

    That also means that the agregious abuse of the patent system could go on for a while but the "regular computers" out there would be exempt from the battle. If MS made a "special" keyboard for traversing links, the commodity keyboard I am using + Lynx would not be infringing under any intrepretation.

    Problem solved.

Intel CPUs are not defective, they just act that way. -- Henry Spencer

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