Microsoft FAT Patent Rejected 225
dkh2 writes "It's being reported other places as well but, there's a very nice story over at Groklaw about efforts by the Public Patent Foundation (PubPat) to get Microsoft's patent on FAT restricted or revoked. Bearing in mind that Microsoft still has right of appeal, The USPTO has rejected Microsofts FAT patent." Our earlier story reported on efforts to overturn this patent.
Excellent! (Score:5, Interesting)
It may surprise many to know that patent officers are often promoted on how many patents they reject, not how many they approve. Thus it is in their interest to reject any applications with even the slightest possibility of being invalid. Yet it seems that ridiculous patents make it through anyway. How does this happen?
The answer lies in the patent lawyers who draw up the papers. What they'll do, is that they'll draw up revision after revision of the idea until the patent office is confused enough to grant it. (Or perhaps they lucked upon a new patent officer.) That's why most of these patents seem so vague. The applicants are making sure that there's no way someone who doesn't have a very thorough education in the field of the patent could understand that the idea is unpatentable. Thus the idea passes through the process and must be challenged in court or via reexamination later.
Re:Excellent! (Score:5, Insightful)
This is indeed surprising and probably partially true
Please, quote your sources.
Re:Excellent! (Score:5, Informative)
SPEs want these new employees to gain experience rejecting patent applications, and there is considerable pressure on these new hires to do so.
Re:Excellent! (Score:5, Funny)
I just broke amazon's patent by single-click the submit button to this post.
Re:Excellent! (Score:4, Funny)
Not excellent (Score:5, Interesting)
Re:Not excellent (Score:5, Insightful)
The same logic applies to patents. A single examiner in the USPTO can't possibly research every possible document in existence looking for prior art. The USPTO needs to take advantage of the eyes of others. They do that through the pre-grant publication and reexamination proceedings. Because the publication process only allows for a short period to submit prior art it means that many patents will be granted that later get overturned.
All the USPTO can make is a good effort and require that the patent application be written according to the guidelines so it can be understood by others (other patent lawyers that is).
A donation link for PubPat (Score:5, Informative)
Even for this case alone, these guys deserve our support.
Re:Not excellent (Score:3, Insightful)
There are a number of inherent problems with the USPTO:
* its financial resources are diverted to other ventures, instead of reinvested in patent examination, as a result, patent applications see less and less patent examination, and
* patent examiners are woefully undertrained; they should be among the best in their fie
Re:Not excellent (Score:3, Informative)
Are we talking about the same country? In the US, the patent examiners are required to have an applicable degree before their considered for the job.
As for their wages, the upper range is well over $100,000. Read the article I posted as info for the first reply.
Re:Not excellent (Score:3, Insightful)
In the US, the patent examiners are required to have an applicable degree before their considered for the job.
Perhaps, but it's really hard for me to see how anyone with any relevant knowledge in computers could possibly not know that the FAT based filesystem has been well understood (not necessarily LIKED, just understood) by absolutely anyone who cared since the 1980s. It is well documented (disclosed) in numerous books, both from MS, and by third party authors and has been for over a decade. It's jus
Re:Not excellent (Score:2)
A new law going into effect this fall (I believe) should go a long way to fixing this problem.
Problem 3, what is patentable, was created by Congress. That's the place the problem needs to be fixed.
If that's the argument, reduce the USPTO (Score:2)
Re:Not excellent (Score:2, Informative)
Not only the many eyes, but the many hands. Open source software has more potential for technical progress because it expands the possibility of who can contribute or make modifications (depends on license).
Re:Not excellent (Score:2)
Re:Not excellent (Score:2)
Re:Not excellent (Score:2)
Re:Excellent! (Score:5, Insightful)
Yes it does.
The fundamental concepts behind the patent office have become unworkable.
With our currently level of technology, it is unreasonable to believe that there is ANY organization that can sufficiently understand every technology on the planet in order to determine whether an invention is novel.
Back in the days when the patent office was created, it might have been a reasonable concept but today it's not. There's way too much specialized knowedge out there for it to be practical.
The patent ofice should admit what is has already become, a mere registy of "I invented this on this date" and drop all pretenses of actually being expert enough that all patents they accept are automatically valid.
Re:Excellent! (Score:3, Informative)
I can vouchsafe for this. I have written several disclosures, some of which later made it into patent applications. The applications that the lawyers came up with, based on my disclosures, rendered the original idea unrecognizable - even to me!
The final documents were so vague and open to interpretatio
Re:Excellent! (Score:2)
This is a government office we're talking about. Following its own rules... that sounds like a major reform to me. :)
Re:Excellent! (Score:4, Interesting)
I have to strongly disagree here. I am a lawyer, and I work in an IP firm. I draft patent applications. There is a fine line that is walked when drafting patent applications. You have to be specific in what you're covering. If not, you can later lose the patent for not specifying what you invention actually does. That said, you do not want to be so narrow that you get limited rights. In many technological areas, you attempt to anticipate where the technology will go, and draft a patent application that can be applicable to other embodiements of your invention in the future. That said, in the patent application you also do have to provide specific examples of how your invention is used. Failure to do so means you did not fully enable your patent application, and can mean losing your patent.
The applicants are making sure that there's no way someone who doesn't have a very thorough education in the field of the patent could understand that the idea is unpatentable. Thus the idea passes through the process and must be challenged in court or via reexamination later.
Again, this is wrong. To be granted, a patent application has to fully enable the invention. That means someone reasonably skilled in the art has to be able to duplicate the invention. It does not have to be a common person, it has to be someone who competent in that field. Thus, you're not writing gene therapy patents so that grandma can understand them, and you're also not writing automobile suspension patents so that a computer programmer can understand them.
That said, until the past 5 years or so, all computer related patent applications, including software, were reviewed by electrical engineers. The computer science degree was not recognized as a qualification to take the patent bar (and be able to submit or review patent applications). I think this is because places like ITT Tech give out CS degrees that are basically network tech certificates. The USPTO now recognizes accedited CS degrees, and have been hiring people with CS degrees. I predict in the future, as we have people who have been educated in CS, have written code, etc, we will see better computer-related patents in the future. I myself have a poli sci degree, but have been programming since age 6- thus I have written several patent applications that include computer code embodiments.
Re:Excellent! (Score:3, Insightful)
Again, this is wrong. To be granted, a patent application has to fully enable the invention. That means someone reasonably skilled in the art has to be able to duplicate the invention. It does not have to be a common person, it has to be someone who competent in that field. Thus, you're not writing gene therapy patents so that grandma can understand them, and you're also not writing automobile suspension patents so that a computer programmer can understand them.
I must respectfully disagree. The way some
Re:Excellent! (Score:3, Insightful)
There are plenty of software patents (maybe about 10% of those granted) that are totally valid and legal in accordance with US law. These can be every bit as damaging as the invalid patents.
Look at public key cryptography. A truly groundbreaking invention at the time, no prior art. Not obvious and so on. The patent has expir
Re:No, No, a thousand times No! (Score:2)
Not to mention the fact that the Internet has made it much easier to quickly form coalitions of similarily interested and knowledgeable people to thoroughly "call bullshit" when a spurious patent (as well as many other types of public fraud) does come to light.
IBM?? (Score:5, Insightful)
Why IBM? (Score:2, Insightful)
Which useless IBM patent would you prefer they go after? Please cite why you think it is useless, and the benefit if it is overturned. Someone has to invest significant time in an effort to overturn a patent. You want to choose your targets carefully. The reason that this patent was considered important to overturn is not that it was owned by M$, but the potential impact if it wasn't.
It almost seems as if you feel the motivation for overturning individual patents should be to go after organizations, ra
Re:Excellent question being ignored (Score:5, Informative)
Stop editorializing (Score:4, Insightful)
Because you're an expert on the patents both companies hold, right?
Give me a break.
If you think software patents are stupid, then just say that. Unless you've worked at both companies and know first-hand the differences between the types of patents involved, you do not have the foundation to make your claim.
No FAT patent for Microsoft? (Score:4, Funny)
Oh, I'm sorry, I actually meant they are full of BLOAT, not FAT.
Re:No FAT patent for Microsoft? (Score:2)
Remember that 300MHZ 128MB is for the OS. If you want to run any programs on that machine you better load it up.
This happens at a high rate. (Score:5, Insightful)
Far better than going through the courts once the patent is being defended by nazgul style lawyers is to defeat it on merits with the patent office. Looks like Dan Ravicher is onto something that could do with all our support.
Re:This happens at a high rate. (Score:5, Insightful)
It would be much better to simply properly reform the patent system and to limit it again to what is was originally designed for in the 15th century, instead of keeping these artificial extensions (by courts, not by lawmakers!) into fields it was never intended to cover and for which it simply does not work [ugent.be].
It is not a problem of examination, it is a problem of subject matter with which the patent system simply cannot deal. The European Patent Offices tries to deal with software patents by demanding "further technical effects" in the "technical contribution" of the "inventive step", but it results in almost exactly the same patents as in the US, just slightly differently worded.
Related News (Score:5, Funny)
Re:Related News (Score:4, Interesting)
FWIW, I remembed this one [slashdot.org] from a few years back...
Re:Related News (Score:2)
Re:Related News (butt hinge) (Score:2)
> each hinge half comprises a leaf portion formed
> integrally with a butt strap
I always wondered how Goatse man achieved that remarkable feat, and now we know.
He used a butt hinge.
> A second leaf portion mounts to each butt
> strap after the butt straps are mounted to
> a door and door frame
Sounds pretty painful, but nothing worth doing comes easily.
FAT Patent Rejected? (Score:5, Funny)
FAT lady sings (Score:3, Funny)
Would a patent help? (Score:5, Interesting)
If you look here:
http://en.wikipedia.org/wiki/FAT_file_system#Hist
You'll see a couple landmarks:
FAT12 - 1980
FAT16 - 1983
VFAT - 1995
FAT32 - 1997
But really, the FAT file system is 24 years old at this point. How can you patent something you did 24 years ago and you've not complained about it in all that time?
Re:Would a patent help? (Score:5, Informative)
The patent was for aspects of the long filenames introduced with Win95. They were used in the "VFAT" filesystem and its successors.
Re:Would a patent help? (Score:2)
Re:Would a patent help? (Score:2)
How long does it remain valid??
This long. [parl.gc.ca]
Whoops! (Score:2)
VFAT Patent (Score:5, Informative)
Re:VFAT Patent (Score:3, Funny)
I found the implementation of long file names on VFAT inspirational myself. When I saw the details behind it shortly before Win95 debuted, I was inspired to look at this Linux thing I had heard about.
Re:VFAT Patent (Score:5, Insightful)
The idea was not however novel. The patent should fall.
1 down, 100,000 to go.
But I am of the opinion that software should never receive a patent. Software patents are harming innovation and the public, not helping them. Consitutional purpose of patents is the help the public by promoting innovation, not as a means of supporting more lawyers.
Re:VFAT Patent (Score:2)
Please use correct implementation! (Score:5, Funny)
Don't you mean....
i think i should remind everyone, this patent is not on the FAT files~1 itself, but the VFAT extens~1 for long file names. (which, if you know how it works, is nothing innova~1)
MS will try anything for the shareholders (Score:4, Funny)
There are several patents involved here... (Score:5, Informative)
U.S. Patent #5,579,517 [uspto.gov] - Common name space for long and short filenames
U.S. Patent #5,745,902 [uspto.gov] - Method and system for accessing a file using file names having different file name formats
U.S. Patent #5,758,352 [uspto.gov] - Common name space for long and short filenames
U.S. Patent #6,286,013 [uspto.gov] - Method and system for providing a common name space for long and short file names in an operating system
Hmmm Submitting Patents like Gamblers? (Score:5, Funny)
I called up the patent officers; they were too tired to speak.
They just took turns a starin' at the leagal techno babble
'til mind-numbing boredom overtook them, and errors began to creap.
One said, son, I've made a life out of readin' people's patents,
And knowin' what their prior arts were by the way they dotted their i's.
So if you don't mind my sayin', I can see you're really reachin.
For my sons university education, I'll give you some advice.
So I met and wrote his man a cheque, and he looked the zero's that followed.
Then he bummed a cigarette and asked me for a light.
And the night got deathly quiet, and his face lost all expression.
Said, if you're gonna play the game, boy, ya gotta learn to play it right.
You got to know when to hold 'em, know when to appeal 'em,
Know when to walk away and know when to sue.
You never count your patents when you're sittin' at the judges table.
There'll be time enough for countin' when the approval's done.
Now ev'ry patent leecher knows that the secret to survivin'
Is knowin' what to sell off and knowing what to keep.
'cause in ev'ry merger's a winner and ev'ry buyout a loser,
And the best that you can hope for is to grab patents while people sleep.
So when he'd finished speakin', he turned back towards the window,
Crushed out his cigarette and faded off to sleep.
And somewhere in the darkness the patent officer, he got even.
But in his final words I found a crooked officer I could keep.
You got to know when to hold 'em, know when to appeal 'em,
Know when to walk away and know when to sue.
You never count your patents when you're sittin' at the judges table.
There'll be time enough for countin' when the approval's done.
You got to know when to hold 'em, know when to appeal 'em,
Know when to walk away and know when to sue.
You never count your patents when you're sittin' at the judges table.
There'll be time enough for countin' when the approval's done.
With nods to Kenny Rogers
Yo Grark
Makes you wonder about SCO licensees (Score:3, Insightful)
But what about those who have paid SCO for licenses to use Linux? Even if they have negotiated refund clauses, it seems very unlikely that they'll get one.
Too the one who said this is stupid. (Score:2, Informative)
Repeat after me, software should NEVER EVER be granted a patent.
Re:Too the one who said this is stupid. (Score:2)
The novelist, it turns out, had patented the idea of this TV program and threatened to sue them.
Too Bad (Score:4, Interesting)
s/patent will/attempt will/ (Score:2)
Damnit!!! (Score:5, Funny)
Huh, what? (Score:5, Funny)
Whewww (Score:4, Funny)
Re:Whewww (Score:2)
If I were you, I'd dump the frieds and start hanging out with the steameds and the lightly grilleds.
Interoperability alone doesn't help competitors mu (Score:5, Informative)
What keeps people loyal to Microsoft in the U.S. is the popularity of its products combined with the variety of games and home software for Windows. Office and Windows have a symbiotic relationship, you take down one, the other goes down eventually, but Windows is more important to Microsoft because the home market provides a solid foundation for Office. Installing a game on Windows is easy for the average home user, but not on Linux.
Game developers don't want to waste their time getting around that. Until a very comprehensive, attractive way to install home software is availible, Linux and other OSS projects will be left behind. The best way for Linux developers to get around this is probably to make a concerted effort to emulate Apple's framework system so that all of the dependencies one needs to have in place are part of the Linux game's ".app directory." Either that or program the games in a combination of C# and C and pray that Mono doesn't die on users.
Maybe it's just my perspective, but interoperability with things like FAT only do so much for the average user. In the long run, it's a lot more complicated than that. If interoperability were the key, then BeOS and MacOS X would have eaten Windows alive a long time ago.
Re:Interoperability alone doesn't help competitors (Score:2)
Re:Interoperability alone doesn't help competitors (Score:2)
Also, common frameworks can be stored centrally to avoid bloat due to redundant frameworks.
Main advantage in the central storage case is easy installation: since all resources (such as headers, images, sounds or translations) are inside the framework folder, it's sufficient to drag the framework to your frameworks folder.
Re:Interoperability alone doesn't help competitors (Score:2)
Type "cat
Seems to work fine for me.
If I plug in a USB disk, the new partitions will automatically show up in that list.
Re:Interoperability alone doesn't help competitors (Score:2, Informative)
Re:Interoperability alone doesn't help competitors (Score:2, Informative)
That all depends on how your distribution is configured. If you're using knoppix, for example, then the drives do automatically pop up on the desktop.
Ask for getting
Re:Interoperability alone doesn't help competitors (Score:2)
MSWords -- A patened approach (Score:5, Funny)
I have a solution (Score:4, Funny)
A patent... REJECTED? (Score:4, Funny)
Re:A patent... REJECTED? (Score:2, Funny)
Patent pending: (Score:2)
MSFT FAT Patent was not a problem (Score:4, Informative)
The scheme patented covered one possible way to convert long filenames into valid dos names by truncating the name and adding ~nn. Windows does this by counting the number of short names, and using this count as the nn value. E.g.
ALongFilename1.txt will have short name ALONGF~1.TXT
ALongFilename2.txt will have short name ALONGF~2.TXT
This is bad because you need to make multiple scans thought the directory to generate the short filenames. There is another patent for a data structure to speed this process up.
You don't have to use this short filename generation method - VxWorks dos FS 2.0 uses a hex hash of the long filename for instance. Thus you'd get this
ALongFilename1.txt will have short name 37f38765.TXT
ALongFilename2 will have short name (more random gibberish).
The idea here is that if you never use Dos, the ugliness of the short filenames doesn't really matter because you only see the long ones.
You could also use the position in the directory for the last two numbers - there are endless possibilities. Provided you link the long filename and short filename correctly - there is a checksum byte in the long filename which links back to the short one, Windows will still be able to see both versions of the filename.
Of course for many applications like digital cameras, 8.3 is still OK.
Windows Fat Reduction? (Score:5, Funny)
Prior Art (Score:2, Funny)
One Down, Three to Go (Score:4, Informative)
U.S. Patent #5,579,517
U.S. Patent #5,745,902
U.S. Patent #5,758,352
U.S. Patent #6,286,013
If Mr. Ravicher is correct and 70% of patents are revoked in re-examination, then at least one of these will survive.
Not a FINAL Rejection (Score:4, Insightful)
I guess being a Patent attorney gives me a little different view on things like this.
PUBPAT and OSRM (Score:4, Informative)
It's not too hard to connect the dots and see the relationship between OSRM's business model (which benefits from reduced patent risk for Linux) and PUBPAT's agenda, which is to rid the world of bogus patents.
Since this is Slashdot, I don't expect many people will recant their negative comments about OSRM, but I hope most people recognize this as the type of work that OSRM/PUBPAT can do that will have some real positive benefits for Linux, whether you buy OSRM's insurance or not.
Does innovation suffer? (Score:4, Interesting)
format /q c:\ (Score:2)
Mod parent DOWN (Score:2, Insightful)
The patent was rejected on obviousness grounds. As in, anybody skilled in the art at the time of invention would have found the invention obvious.
And this is why lawyers are hated. (Score:5, Insightful)
As a developer, this is wonderful.
Software patents are a bad idea. The only people who think differently are lawyers and developers who are mostly under 35 years of age.
All software is derivative.
More to the point, the greatest renassaince in software development came prior to patents of software. It is literally destroying the software industry. Oh, except for MS and IBM.
Really, get a clue.
Re:This is stupid (Score:5, Informative)
[...] They are effectively ruling that Microsoft cannot hold a patent on software they created. [...]
The FAT filesystem [wikipedia.org] itself is not "software", it is a specification. You only talk about "software" when you think of an implementation of FAT, like those found in Windows and the Linux kernel.
Re:This is stupid (Score:2)
Re:This is stupid (Score:4, Funny)
Re:This is stupid (Score:3, Informative)
Microsoft can patent stuff - but this particular 'invention' was rejected because it was obvious. Something that's patentable must not only be novel, it must be non-obvious.
Re:This is stupid (Score:3, Informative)
Re:This is stupid (Score:2)
This ruling simply recognizes that Microsoft's VFAT implementation is an obvious application of and extention to common practice and previously patented inventions. I says nothing at all like what you are claiming.
I know, I know ... IHBT IHL HAND.
I'm not new here (see my UID), but even on /. it is depressing to see obvious tripe like this modded up.
OTOH, though it pains me to say so, I do agree with on
Re:This is stupid (Score:3, Interesting)
Why it was rejected... (Score:5, Informative)
From the patent office rejection statement:
"...patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains."
Re:Is this a patent system feature ? (Score:5, Informative)
FAT itself was never patented. This patent was covering Microsoft's scheme for packing long filenames into the old FAT system in such a way that a short filename (microso~1.txt et al) is persistently perserved for old DOS apps.
Microsoft felt that their innovation of a particular data structure (the same kind of elementary data structure that sophomore CS majors put together all the time) ought to be sufficient to allow them to control who gets to read and write from flash media, and etc., which adopted the format simply because that was the only thing that Windows could be relied upon to understand.
The loss of this patent strikes no blows against the freedom to innovate, believe me.
Re:Is this a patent system feature ? (Score:3, Interesting)
The FAT long filename kludge gets a lot of flack, but I always thought that is was actually one of the more innovative things that Microsoft did. It did provide some measure of forwards and backwards compatibility during the painful transition from DOS/Win3 filesystems to more modern ones.
However, does anybody seriously think that the promise of a patent reward is what spurred Microsoft to develop this innovation? No wa
Re:Is this a patent system feature ? (Score:2)
And they didn't even do anything particularly cool. They just truncate the name and increment a number at the end until it is unique (the most obvious algorithm for creating uniqueness), then w
Re:Is this a patent system feature ? (Score:2)
Re:Is this a patent system feature ? (Score:3, Insightful)
<rant>
Of all the stupid things passed off on the computing community, that was one of the most insidious and poorly thought out little "lets break everything" adventures. First we have niche filesystems, designed to not use CLI at all, use it. Flipping brilliant. Not. Then Microsoft has to have it too because they're not too brilliant either, so they break the OS to do it (and yes, it's still broken.) Now Linux, of all things, is all about s
Re:Is this a patent system feature ? (Score:2)
Isn't this an old Unix thing? I know some of the early Unices only allowed 14 chars, but I know the old 'backslash spaces or use quotation marks to indicate filenames with spaces on the command line' thing has been around on Unix since at least the late 80's.
Re:Is this a patent system feature ? (Score:3, Interesting)
Re:Is this a patent system feature ? (Score:3, Informative)
Microsoft purchased the rights to QDOS from Seattle Computer Products (SCP) for $50K. MS did not steal, nor reverse engineer anything to get MS-DOS. They licensed PC-DOS to IBM and per agreeement with IBM, MS was allowed to sell their own version of DOS as MS-DOS. IBM re-wrote lots of the code due to numerous bugs in MS-DOS, naming their version PC-DOS.
SCP also retained the rights to license MS-DOS as well as long as it was done in conjunction with a computer purchase. You even saw magazine
Re:Damn. (Score:2)
I just read TFA and realised that the patent referred to "long filenames".
My bad. Mod me -1 Moron. :-)
I just happen to have mod points. I would have modded you -1 moron, but the option didn't exist. I can offer you: Normal, Off-Topic, Flamebait, Troll, Redundant, Insightful, Interesting, Informative, Funny, Overrated, or Underrated.
Hurry up, I think my points will run out soon. :)
Re:Mozilla rendering problem? (Score:3, Informative)
AFAIK, the latest builds of Firefox have this bug fixed (so Slashdot should render ok with 1.0 once it's out), but currently (if you want to be nicer to slash's servers) you can change the size instead of refreshing the page to get the correct layout - and if you didn't know, you can do this handily by holding down Ctrl and either pressing '+' followed by a '-', or turning the mouse wheel up and down. Voilá.
Now as to why IE renders Slashdot better, it probab