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PUBPAT Challenges Microsoft's FAT Patent 396

An anonymous reader writes "The Public Patent Foundation filed a formal request with the United States Patent and Trademark Office today to revoke Microsoft Corporation's patent on the FAT File System, touted by Microsoft as being 'the ubiquitous format used for interchange of media between computers, and, since the advent of inexpensive, removable flash memory, also between digital devices.' In its filing, PUBPAT submitted previously unseen prior art showing the patent, which issued in November 1996 and is not otherwise due to expire until 2013, was obvious and, as such, should have never been granted."
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PUBPAT Challenges Microsoft's FAT Patent

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  • About time... (Score:4, Interesting)

    by Anonymous Coward on Friday April 16, 2004 @12:42AM (#8878221)
    ... somebody did this. FAT's been around and is now somewhat of a standard. Maybe some of MS's other patents can be challenged as well.
  • by sharkb8 ( 723587 ) on Friday April 16, 2004 @12:47AM (#8878256)
    If you're a lawyer-type interested in technology, send them an email.

    They have several interesting projects on patent re-examination, commentary on the patent process, etc.
  • by KarmaOverDogma ( 681451 ) on Friday April 16, 2004 @12:47AM (#8878258) Homepage Journal
    until now, but I love what I see as the idea behind the work they are doing: Fighting unwarranted, unfounded and/or improperly sworn/filed patents

    Go get 'em!

    .
  • new != original (Score:3, Interesting)

    by acidrain ( 35064 ) on Friday April 16, 2004 @12:52AM (#8878294)
    How about a law that says a typical individual trained in the relevant art cannot reinvent the patented material in less than an hour? Just because you thought of it first does not make it original.
  • by Elpacoloco ( 69306 ) <elpacoloco&dslextreme,com> on Friday April 16, 2004 @12:53AM (#8878302) Journal
    On one hand, no patents means that inventing something immediately gets stolen, evil corporation profits millions of dollars, joe inventor gets squat.

    However, too many patents means that when joe inventor makes something, evil corporation sues him for violating patent 284958390*pi^12, "Use of energy to propell machine," and steals his work anyway, making millions of dollars while give the original invetor squat.
  • by Atario ( 673917 ) on Friday April 16, 2004 @12:54AM (#8878308) Homepage
    Is it possible to make patent approvals open-source? Which is to say, volunteers (preferably, whole teams thereof) would do the work done now by individual patent clerks (Patent reviewers? Whatever they're called), with all decisions publicly reviewable and modifiable.
  • Re:Sadly... (Score:5, Interesting)

    by Bronster ( 13157 ) <slashdot@brong.net> on Friday April 16, 2004 @12:55AM (#8878310) Homepage
    This only weakens the concept of intellectual property. Why invent if you're just going to have to fight legal battles for the length of your patent?

    Um - because if it really is a novel invention worthy of patent protection then all the later judges are going to throw it out of court immediately based on the previous decision, and if you're a scum sucking pond scum who's standing on the shoulders of the giants before you and setting up a toll gate to stop those who really are innovating then you bloody well deserve what you get.

    The concept of intellectual property was never designed to protect the sort of arsewipe who patents every piece of common knowledge they can slip under the noses of the patent office and makes a business out of milking their "valuable IP portfolio". If you're in the business of buying other people's ideas for the purpose of extorting money from people building the future on top of them, then I say good riddance to you - our current technology is built on the ideas of our predecessors, and who are we to stop our successors from learning from us?

  • Re:About time... (Score:5, Interesting)

    by emtechs ( 770821 ) * on Friday April 16, 2004 @01:12AM (#8878396)
    The patent only applies to the method used to store long filenames without much change to the underlying 8.3 file name system.

    Scary: That's patent worthy.

    Scarier: There were three prior patents covering the technique...

  • by EmbeddedJanitor ( 597831 ) on Friday April 16, 2004 @01:12AM (#8878397)
    While the patent stands it impacts on any device/product that implements FAT. Examples: Operating systems that implement FAT; CDs with such software; PCs loaded with such software; cameras, MP3 players etc with Compact Flash/SmartMedia etc cards; media (floppy disks, Compact Flash, SmartMedia cards,...) pre-formatted with FAT.
  • Don't buy into it. (Score:5, Interesting)

    by pb ( 1020 ) on Friday April 16, 2004 @01:16AM (#8878413)
    Microsoft's 'FAT' patents do not patent FAT... specifically, they patent the VFAT extensions to FAT. And, as was previously mentioned on slashdot, there's much prior art to using long file names on FAT as well.

    So don't call them 'FAT' patents, because they aren't. Call them VFAT patents. Or call them by their names, which also makes it obvious.
  • Re:About time... (Score:5, Interesting)

    by Anonymous Coward on Friday April 16, 2004 @01:24AM (#8878462)
    The microsoft patents aren't about all of the FAT file system. Rather the method of storing short and long file names in the FAT file system.

    Interestingly, the request for reexamination is based partly on what Microsoft might do, and has made no attempt to do. Their assertions are that in light of other patents the specific combination of techniques would have been obvious. This strikes me as less than genuine because of how patents are done, particularly in this day in age. If the combination of ideas was so obvious, why didn't the last of the submitted prior art patent it, since they're so skilled they can claim worthy patents when there is significant pressure to claim everything thing concievable at the time of the filing?

    But more importantly; in the case of the invention of polyamides, with their logic the claimed invention of one precludes others from claiming the invention of others of similar structure. In light of Nylon, Kevlar is obvious.

    This of course is not what happened.

    I'm not saying that shouldn't have happened. It's an interesting demand to make of would be inventors, and certainly a considerable demand to make of the patent office. (I guess we know that when they play Stars! 2 they always click the bleeding edge technology box.) But the fact that their line of reasoning isn't followed, really at all, and has many billions, possibly trillions, of dollars in property bet against it doesn't bode well I would think.
  • Re:About time... (Score:5, Interesting)

    by Vicegrip ( 82853 ) on Friday April 16, 2004 @01:25AM (#8878465) Journal
    Let me suggest this question then:
    If it becomes a standard, is it in society's interest to let the patent last so long?
  • 4DOS? (Score:5, Interesting)

    by Cryptnotic ( 154382 ) on Friday April 16, 2004 @01:35AM (#8878500)
    Didn't 4DOS [gci275.com] support long filenames on top of FAT long before VFAT (Windows 95) did?

    I'm pretty sure I remember using 4DOS around the DOS 3.3 to DOS 5.0 days.

  • Give Them Money (Score:4, Interesting)

    by Bob9113 ( 14996 ) on Friday April 16, 2004 @01:40AM (#8878514) Homepage
    I just gave them the $72.38 I had sitting in my PayPal account. Stupid software patents have cost me a lot more than that in time reading Slashdot articles alone. Give till it hurts.

    The "Online" link on this page [pubpat.org] will take you straight to PayPal.
  • by VernonNemitz ( 581327 ) on Friday April 16, 2004 @01:41AM (#8878517) Journal
    As you may have read in a prior Slashdot article [slashdot.org], no ordinary fine is going to stop Microsoft from changing its anticompetitive ways. But suppose the next time Microsoft was fined, the fine was this: "All your patents are hereby revoked, and you will never be granted another! Furthermore, the next time your actions are brought before this Court and found to be illegal, all your copyrights will be revoked!"

    I bet THAT would get Microsoft's attention!
  • by Saeger ( 456549 ) <farrellj@g m a il.com> on Friday April 16, 2004 @01:42AM (#8878521) Homepage
    I thought it was hilarious when Gillette (I think it was them) came out with some gimicky QUAD-blade razor just a little while ago, and they had to get people to stop laughing by having a commercial that went something like "yeah, yeah, I know what you're thinking: 'Four blades? Come on!' But trust me... it's GREAT. No, really! Stop laughing"

    Probably bogus patents up the wazoo on that too.

    (Patents aren't going to mean much anyway once anyone can do desktop manufacturing for next to nothing.)

    --

  • by perlchild ( 582235 ) on Friday April 16, 2004 @01:45AM (#8878535)
    That's why the patents process normally applies to technology, not science. But ever since patents started covering ideas, and not the technological items that represent them, tne line has been blurring...
    Software patents(and the dreaded algorithm patent sure to come out someday if the trend doesn't stop) further blur the distinction.

    *steps on soapbox*
    now it appears to me that part of the problem with patents and copyright is that the public instinctively associate them with the inventor/discoverer/original author, and we're fine with them, until such rights are sold then we become not so fine with it. For one, it's a lot simpler/more instinctive to sort out who disovered something, if it's an individual making the discovery, not a corporation. In that same line of thought, what happens when those rights are transferred, and for instance, how to get the original author to unlearn what he sold, gets a lo more confusing.
    Trademarks, as a rule are purely corporate/marketing concepts and have far less contestation going on... They also have to be defended constantly...
    Copyrights are especially problematic, as copyright ownership gets regularly extended for corporations (technically, you could even view the legatees of an author as a corporation, THEY DIDN'T WRITE THE BOOK) to protect little mouses, and such... Yet the author in many cases is long dead... before the first lawyer gets paid... (Not that I object to heirs of authors and such to benefit from the work of their forebears... I do however insist on the fact that by that point, the original intent of copyright: to encourage the author to produce more work, because his rights are protected, will take a lot of doing to respect: he's dead, he won't write that many books anymore...
    You might say part of the problem is that the public recognizes a right to a discoverer/author as an individual, for a limited duration, but it becomes a lot less instinctive when those are transferred. Perhaps making them non-transferrable would keep the legislation on this topic, at least understandable by someone without a major in minor in intellectual property...
  • Re:I don't know... (Score:4, Interesting)

    by sql*kitten ( 1359 ) * on Friday April 16, 2004 @02:01AM (#8878589)
    1. Patent random, generic idea

    You CANNOT patent an idea. You can only patent the IMPLEMENTATION of an idea. You're only looking at the title of the patent, which will be something generic like "A method for doing X". That's only to make them easy to search, the thing that matters is the text of the patent. In this case, MS doesn't have a patent on the idea of a filesystem, they have a patent on one specific filesystem, FAT. That's all.

    Patent discussions on Slashdot at meaningless, because 99% of the Slashbots think that the title of a patent is the entirety of the patent.
  • by rastos1 ( 601318 ) on Friday April 16, 2004 @02:06AM (#8878611)
    Sounds like RFC definition to me.
  • by ecartz ( 771792 ) on Friday April 16, 2004 @02:32AM (#8878690)
    "I'm sure that slashdot and a bunch of other anti-microsoft sites could go and invalidate every one of microsoft's patents"

    You say that like it's a bad thing.

    Anyway, I'll try to come up with a "open source" patent system that addresses your concerns:

    1. Anyone can submit a patent. The patent is publicly available immediately. The patent is assumed to be valid (no initial review).

    2. Anyone can contest a patent by submitting prior art (or bringing up another weakness in the patent application). The original submitter(s) have a choice: admit the prior art (which invalidates the patent) or argue the point. If they argue, the disagreement goes to a patent examiner. The loser pays for the patent examiner's time.

    3. Normal legal appeals apply.

    This system should actually be cheaper than the current system. The patent examiner is no longer expected to look for prior art. Instead, it will be submitted by the contesting party. Thus, the patent examiner doesn't have to spend a lot of time on the case. The loser pays method encourages the parties to come to an agreement prior to the examination.

    This system also encourages sharing more than the current system. Since the initial filing no longer requires an expensive application, there is no reason not to submit the patent (and its enclosed information). This avoids the current problem of people not having the resources to pursue a patent application, so they simply keep it secret and hope for more resources in the future.

    The biggest weakness? Noise. There would be a lot of junky patent filings. Of course, some would ask how that is different from the current system.

    There is also an argument in favor of eliminating patents except for pharmaceuticals. Many patents are defensive (to protect against others patenting one's invention). Other patents are just moonshine (i.e. they will never be licensed or used by anyone else). The primary purpose of invention is for one's own use...no patent needed for that.
  • Hmmm (Score:4, Interesting)

    by Tokerat ( 150341 ) on Friday April 16, 2004 @03:04AM (#8878784) Journal

    Shouldn't they not be issued a patent on this if they allowed people to use their filesystem method? It seems like it's in such common use by many devices now...

    Some other posts have indicated that the patent only covers the storage of long filenames associated with the FAT filenames for use by Windows...if this is true, isn't that an obvious invention (i.e. database relating short names to long names)? You can't patent a relational database based on purpose, can you? If so, I will be submitting my patent for databases that store telephone numbers in relation to adressee names within a matter of days, and get rich of the phone companies alone...

    I wonder if HFS could be considered prior art...each file as I understand it, is given a unique ID with which is can be referenced by, regardless of path. This (as I am to understand) is how Mac apps can still save to any file if it is moved while opened. Could the ID number be considered a short name? Then again, FAT came before HFS, but HFS came before long Windows filenames...

    IAONAL, anyone with definitive answers is more than welcome to correct me.
  • Re:About time... (Score:3, Interesting)

    by Free_Meson ( 706323 ) on Friday April 16, 2004 @03:24AM (#8878839)
    The most damning thing to MS is that they released beta code for Win95 more than 2 years before filing the first of the patents. Patent law clearly states that you have no more than 364 days after first publicly demonstrating a device or idea to patent it.


    Not neccessarily. MSFT would have its patent rights intact if, for example, anyone seeing that code (I assume you mean sourcecode and not binaries) had a click-through or better confidentiality agreement. More importantly, though, as long as MSFT just took the input and showed the output (a public demonstration) without going into detail about how the transformation worked, they'd likewise be protected. If I give you a magic black box that you can put a fish in and the fish will turn into a chicken, and there's no way for you to take apart the box, then even though I'm demonstrating the effectiveness of the box in turning fish into chickens I'm not forfeiting any patent rights...
  • by surprise_audit ( 575743 ) on Friday April 16, 2004 @03:44AM (#8878905)
    There may not be criminal penalties, but a patent holder can still sue a patent infringer. And unfortunately, the little guy doing the suing has to have a big warchest simply to start the process. If he wins (or settles out of court), he may get a settlement that looks like a big pile of money, but is in fact mere pocket-change to big business.

    Which prompts the question: is the patent holder obliged to license his patent to anyone that asks, or can he grant licenses to some applicants and not to others??

  • by pe1chl ( 90186 ) on Friday April 16, 2004 @04:24AM (#8878998)
    Remember that Linux included another method to achieve the same thing (and more): UMSDOS.
    It was introduced in early 1994, a year and a half before the introduction of Windows 95.
  • by XNormal ( 8617 ) on Friday April 16, 2004 @04:33AM (#8879020) Homepage
    As much as I hate to admit it the methods they use to store long file names in directory entries in a backward-compatible way are novel (for the time) and non obvious - hence patentable.

    IANAL, but the patent would seem to apply to the VFAT driver in Linux. A driver that only reads long filenames but does not generate them should probably be be ok as one patent claims the method of writing and the other patent claims media formatted according to this method.

    Microsoft are currently targeting makers of devices such as digital cameras and PDAs that use FAT on removable flash devices. At least cameras should be able escape the patent as the standard DCIM format only requires 8.3 filenames.
  • Re:About time... (Score:2, Interesting)

    by Grail ( 18233 ) on Friday April 16, 2004 @04:38AM (#8879036) Journal
    See how confusing all this mess is? You even get moderated as "insightful" for pointing out the bleeding obvious! :)
  • by eclectro ( 227083 ) on Friday April 16, 2004 @05:31AM (#8879253)
    Yeah, as other posters noted, I was laughing too and saying "what's next, five blades?"

    The cartridges are so expensive that I feel like I am using a cadillac to scrape hairs off my face. And that's for the three bladed kind.

    What I find interesting is that Wal-Mart has a generic cartridge that fits the sensor razor.

    So since they have dozens of patents on the sensor (presumably to stop cartridge knock offs), how are the generics able to be made?

    Myself, I'm an Atra man. The dollar store had a ten pack of generic cartridges for a dollar. I filled a large drawer with them.

    They don't have the lubra strip on them, but I'm quite happy with the price.

    It also seems that the three blade variety do not stay as sharp as long, and clog easier. Which is natural if your profit model is based on people tossing cartridges.

    They sent me a free four blade razor in the mail. I think I will save it for special occasions.

    Maybe I can get a hot date through slashdot personals.

    Me against 10,000 other nerds. I don't know.

  • Re:About time... (Score:2, Interesting)

    by Net_Wakker ( 576655 ) <puddingdepotNO@SPAMyahoo.com> on Friday April 16, 2004 @06:32AM (#8879395)
    In which other countries? A lot of stuff that's patentable in the US isn't patentable in many other countries.
    Except in Australia, where you can even patent the wheel [bbc.co.uk].
  • by Ann Elk ( 668880 ) on Friday April 16, 2004 @06:46AM (#8879432)

    In general (IIRC), a patent application must be filed with the patent office no more than one year after the invention was first released to the public. As someone in an earlier message noted, Microsoft released a beta version of Win95 with long filename support sometime in 1994, approximately 2 years before the patent application was filed. If these dates are indeed true, then the patent is invalid.

    Of course, I can't speak for all groups at Microsoft, but the group I was in was very aware of this "one year grace period" for patents. We always noted exactly when a "patentable idea" was first mentioned to the public, even if it was just a Powerpoint slide at a trade show. The day the first non-Microsoftee hears about an idea is the day the patent clock starts running.

    Again, I'm sure different groups within Microsoft handle this differently, but if the Win95 group didn't file the patent application within the one year grace period, then they fucked up in a big way.

    Of course, in a refreshing turn of events, Microsoft's fuck up could turn out to be a blessing for the rest of the industry...

  • by zero_offset ( 200586 ) on Friday April 16, 2004 @06:50AM (#8879443) Homepage
    I don't know what you consider "getting rich", but you might be surprised at how many people out there make a few million off one dumb idea or another. For instance, the guy who thought up those automatic pet-food dispensers is worth something like $3M purely from licensing that silly little idea.

    In fact, it probably says a lot that a multi-millionaire simply flys below the radar of "rich folks" these days. Granted, there are lots of people who are vastly more wealthy for other reasons, and certainly there is more money being made off patents by medium and big companies -- but that doesn't mean individual examples are particularly rare.
  • Re:About time... (Score:3, Interesting)

    by bhtooefr ( 649901 ) <[gro.rfeoothb] [ta] [rfeoothb]> on Friday April 16, 2004 @06:56AM (#8879459) Homepage Journal
    I can actually see why it wouldn't be feasible. It's due to the physical size of the FAT itself. If you can't hold the filename inside the FAT, you have to make it shorter. In this case, the FAT had to be small to put more data, and filename size (and cluster size) took a hit. Now, they could have put a 100KB FAT on the 180KB disks, but it would have eaten up almost all of the space!
  • Re:About time... (Score:4, Interesting)

    by Flyboy Connor ( 741764 ) on Friday April 16, 2004 @07:15AM (#8879511)
    4DOS was a DOS alternative that supported long filenames. So hardware limitations are no argument.

    Limiting filenames to 8.3 is just laziness. Even worse: all filenames used those 11 bytes, even if they didn't need them: how's that for efficiency?

    The best option would be to allow the user filenames of any length, and telling him: hey, you can use 255 characters for a name, but remember it costs disk space.

    This would require a bit of programming from the side of Microsoft. They didn't do that. They didn't need to, because they sold someone else's creation. And that was, as you mention, QDOS, which isn't named for nothing "Quick & Dirty Operating System". 8.3 is the quick way, not the right way.

    And it took Microsoft only twenty years to make it right...

  • by dcrouch ( 770238 ) on Friday April 16, 2004 @07:21AM (#8879532) Homepage
    Microsoft's patent application was originally filed in 1993. So, the question is whether their claims (see below) were novel and nonobvious as of that date.

    Claim:

    1. In a computer system having a processor running an operating system and a memory means storing the operating system, a method comprising the computer-implemented steps of:

    (a) storing in the memory means a first directory entry for a file wherein the first directory entry holds a short filename for the file, said short filename including at most a maximum number of characters that is permissible by the operating system;
    (b) storing in the memory means a second directory entry for a the file wherein the second directory entry holds a long filename for the file and wherein the second directory entry includes an attributes field which may be set to make the second directory entry invisible to the operating system and the step of storing the second directory entry further comprises the step of setting the attributes field so that the second directory entry is invisible to the operating system, said long filename including more than the maximum number of characters that is permissible by the operating system; and
    (c) accessing the first directory entry with the operating system.
  • by hak1du ( 761835 ) on Friday April 16, 2004 @07:48AM (#8879617) Journal
    Maybe the way to address some of these issues would be to have an officiall public review period for patents, with convenient access through a web site.

    Imagine something like Slashdot, where each patent application gets posted. Anybody (competitor, script kiddie, whatever) is able to post responses, point to prior art, etc. The patent examiner then can take those discussions into account when making a decision. The discussions would have no legal significance other than being a resource for the patent examiner working on that particular patent (well, they might also constitute published prior art for future patent applications and changes to the patent). If the discussions aren't useful, we are no worse off than now. If they are useful, then the patent examiner can more easily weed out bad patents.

    This wouldn't even have to be financed by the PTO. Anybody could set it up outside the PTO and put the published patent applications in there. The only thing that would need to change is that the patent examiners would have to get motivated to look at it before making their decision.
  • Re:In other News... (Score:2, Interesting)

    by torpor ( 458 ) <ibisum.gmail@com> on Friday April 16, 2004 @07:49AM (#8879619) Homepage Journal
    Not just that, what the People need is their Own Corporation.

    I see no reason why a corporation can't be founded to protect -all- individual details and information.

    "Life Product, Inc. - we keep your details safe."

    If I owned -stock- in the company that I knew had its soul purpose to protect not just my copyrighted material, but also my general 'life product' as art, then I'd be much happier having mega-corp know my weekly shopping list and able to tune its production/output accordingly ...
  • No, sorry (Score:2, Interesting)

    by Gothmolly ( 148874 ) on Friday April 16, 2004 @08:14AM (#8879725)
    That's called communism. We don't do that here, yet. There is no such entity as 'society', other than a collection of individuals. What you're proposing is that a certain group of individuals has the right to appropriate the efforts of another, typically smaller, group of individuals. This is also known as slavery.
  • plain silly (Score:2, Interesting)

    by hitmark ( 640295 ) on Friday April 16, 2004 @08:14AM (#8879732) Journal
    i thought a patent was so that it would protect an idea until you had a working product based on that idea, not create a working product and then patent it in afterwards (working product as in ready for market, not as in prototype).

    so im starting to wonder if patent laws should be rewritten to cover this fact, and at the same time remove any ability to patent software solutions as that is like patenting a painting technique or music style (oh how the riaa would love that idea)...
  • by djmurdoch ( 306849 ) on Friday April 16, 2004 @09:11AM (#8879993)
    As lots of people have noted, the patent is on the long filename extensions in VFAT, not on the basic FAT file system.

    So why don't cameras, flash drives, etc, just come with FAT file systems installed? Cameras never need to produce long filenames. Flash drives don't need to produce files at all.

    If the user's OS chooses to put some long filenames on the device, that's not being done by the device, it's being done by the OS.

    The only devices that should need to worry about this patent are things like MP3 players that display the filenames themselves.

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