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Patents IBM

IBM Wants Patent On Finding Areas Lacking Patents 151

theodp writes "It sounds like a goof — especially coming from a company that pledged to raise the bar on patent quality — but the USPTO last week disclosed that IBM is seeking a patent for Methodologies and Analytics Tools for Identifying White Space Opportunities in a Given Industry, which Big Blue explains allows one 'to maximize the value of its IP by investigating and identifying areas of relevant patent 'white space' in an industry, where white space is a term generally used to designate one or more technical fields in which little or no IP may exist,' and filling those voids with the creation of additional IP."
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IBM Wants Patent On Finding Areas Lacking Patents

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  • by Anonymous Coward on Monday September 29, 2008 @11:01AM (#25193877)

    Intellectual Property suffers from the exact same problems the real property market does. It is another market that is artificially inflated. Wait and see it all crash and burn within the next 10 years.

    So when you see the word Patent simply think Mortgage Backed Security and you will understand

    The problem with patents is a great number of them are "junk" and worthless but no one has realised this yet. When the cat gets out the bag its gonna crash down.

  • by ShieldW0lf ( 601553 ) on Monday September 29, 2008 @11:07AM (#25193945) Journal

    "It is illegal to behave in an intelligent fashion without permission. We have articulated all the intelligent ways in which a human can behave that we are aware of, and you are not permitted to behave in any of these ways unless you have paid for the privilege. If you have no money, you are permitted to work like a slave in the employ of someone who has already paid. If you do not wish to do so, you are permitted to starve to death."

    According to our rulers, whom we may disagree with but still materially obey, this is progress.

    Incidentally, they also own the land, the sea, the skies, and your sorry ass. Better put your head down and get to work.

    Has anyone ever noticed that it's hard to eliminate an armed and active military force, and yet you can eliminate those who created the weapons with a brick and a rope?

  • Re:Ingenious (Score:5, Interesting)

    by CaptainPatent ( 1087643 ) on Monday September 29, 2008 @11:15AM (#25194061) Journal
    I'm can't expressly give my opinion of patentability, but I can say that there is a lot of case law on applications about filing patents (how, for what, automation, etc.) and none to my knowledge have gone through.
  • by moderatorrater ( 1095745 ) on Monday September 29, 2008 @11:19AM (#25194097)
    I say let them do it. If they can find a way to find the holes where no patents exist, then they've found a way to make 90% of patents instantly obvious. If an analytical tool can figure out that something can be patented, then there was no need for creativity or ingenuity, right?
  • by 3seas ( 184403 ) on Monday September 29, 2008 @11:30AM (#25194239) Homepage Journal

    ... actually this is not a bad idea so long as it is used to support open source rather than to stifle it.

    However, the idea of Open Source As Prior Art [] being used to help just such a patent or use of such a process as this article is about. It shouldn't supprise anyone that IBM is a contributor to this OSAPA.... And IBM being a huge software patent holder.... uh errr FLOSS supporter...

    Apparently if you try to help improve the patent system and you support software not being patentable, you then risk screwing yourself.

    Stallman was right. The best thing to do is to ignore the patent system as it applies to software. OR Support "End Software Patents" [], Or better yet help prove Software is not of Patentable nature! []

    This way mapping open source software for reuse becomes a clear benefit rather than a risk.

    I too was on the OSAPA list and contributed in support of open source.... as non-patentable Abstraction Physics.

  • by lorenzo.boccaccia ( 1263310 ) on Monday September 29, 2008 @11:48AM (#25194455)
    question, if we could write a software to find out all the areas lacking patents and suggesting patents for that area/field, won't this render all the patents discovered by the software obvious for a person skilled in the area, as there is little to zero creative process involved?
  • by 10am-bedtime ( 11106 ) on Monday September 29, 2008 @11:57AM (#25194559)

    around the lawyer-class necks we so desparately need?

    Someone crank up the rpms; this reality is ready to shatter.

  • by nine-times ( 778537 ) <> on Monday September 29, 2008 @12:26PM (#25194871) Homepage
    The question I have is, did they use this method to discover that there was "whitespace" in this area of patents before deciding to try to patent it?

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