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Crowdsourcing Site Offers Rewards To Bust Patents 96

holy_calamity writes "Article One Partners is a new startup that offers $50,000 rewards to people that find prior art for certain valuable patents. The company's founder told New Scientist she thought the initiative would improve 'patent quality' by increasing scrutiny on poor patents. She aims to profit by selling the information contributors collect, or trade stocks based on it. Current patents they are looking for help to bust include those being used by Konami to sue Harmonix over Rock Band and Guitar Hero."
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Crowdsourcing Site Offers Rewards To Bust Patents

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  • by AltGrendel ( 175092 ) <`su.0tixe' `ta' `todhsals-ga'> on Tuesday November 18, 2008 @12:53PM (#25804579) Homepage
    "Leading to the arrest and conviction of ...."

    The patent will have to be revoked and beyond legal appeals to get the reward.

    • I thought of an idea some time ago to get rid of obvious patents, like the (not-so) Amazing One-Click. It would mean less work for the PTO (Patent/Trademark Office), too. The case of prior art might be considered a special case of "obvious" (or known) patents. See what you think:

      When someone submits a patent, claiming to have found (let's say) A Wondrous Way For Customers to Order What They Want By Clicking The Mouse Only Once, the PTO would publish the claim. Not the contents of the patent, simply the

    • Where did you get that idea from? It doesn't look like Article One Partners has anything to do with revoking patents or legal appeals, the info says they publish opinions on the patent validity. If there's real quality evidence that applies to the patent study, we already have systems in place that can handle the enforcement (especially since most of these studies look like they're in the courts with the patents being challenged already).
  • by catbertscousin ( 770186 ) on Tuesday November 18, 2008 @12:54PM (#25804599)
    Why not go after patent trolls (there's prior art to his 'prior art'!) instead of companies who actually developed a product and patented it?
    • can we start calling them the anti-SCO?

    • Re: (Score:3, Interesting)

      Well, patent trolling isn't actually illegal, unless you can prove that the troll stepped way over the line in some way. Also, the usual operating mode of patent trolls is to have a lot of patents and no products, so they are largely immune to the infringement countersuits and cross-licensing agreements that keep patent war mostly cold among the big players.

      I'd be nice to go after patent trolls; but there really isn't much to get them on. They've come up with ways to game the system, with undesirable effe
      • by Asic Eng ( 193332 ) on Tuesday November 18, 2008 @01:45PM (#25805593)
        I'd be nice to go after patent trolls; but there really isn't much to get them on

        Sure there is:

        • Troll sues or pressures a company X to get money
        • "Article One" approaches X, and offers to invalidate the troll's patent
        • Profit! (really)
        • by Reziac ( 43301 ) *

          You forgot:

          4) watch Company X's stock value plunge
          5) buy up a ton of said stock
          6) back off the lawsuit, watch stock value rise back to former levels
          7) Profit!!

    • by mpapet ( 761907 ) on Tuesday November 18, 2008 @01:17PM (#25805045) Homepage

      Why not go after patent trolls

      The problem with that is that most companies with enough spare money to pay have created ridiculous patents.

      For example, the Telco's have ridiculously vague patents they've used to crush innovators like Vonage. A while ago, Microsoft was using language like, "[Insert OSS project demon] violates 23 Microsoft patents."

      The unfortunate among us know that Patent litigation is a way to bankrupt under-capitalized competitors. The beauty of this tactic is that most of it stays out of the media and the litigant typically repeats the litigation a variety of ways until the competitor is bankrupt. My definition of "patent troll" would include the fat, lazy and well-capitalized.

      So, "patent troll" is a pretty big umbrella.

      • A while ago, Microsoft was using language like, "[Insert OSS project demon] violates 23 Microsoft patents."

        Actually, it was 235 (IIRC)

    • Well, I think IBM should open up the Lotus SmartSuite patents list to review so that end users such as myself can feel more comfortable about sharing or trying to make money from database apps/interfaces we designed in Lotus Approach. Until Lotus/IBM update Lotus SmartSuite and make SmartSuite OS-agnostic, or at least allow external developers to help out, what will we have as regards competing suites.

      IBM, look at SUN. They are going to axe 70,000 or so jobs in the next 10 or so months. What if they cut fun

    • by Reziac ( 43301 ) *

      I had a similar thought -- how is this not just another form of patent trolling? The object is to *profit* from breaking someone else's patent -- that really isn't morally any different from profiting from screwing someone else out of a patent.

      I foresee this being used to cost *legit* patents a lot of money, while benefiting no one but the project's founder.

  • by dattaway ( 3088 ) * on Tuesday November 18, 2008 @12:58PM (#25804675) Homepage Journal

    Its the Prior Art Generator. Its only fair. They have infinite computers to generate infinite patents, but now you can hit reload until you win that $50,000:

    http://thesurrealist.co.uk/priorart.cgi [thesurrealist.co.uk]

  • by Anonymous Coward on Tuesday November 18, 2008 @12:59PM (#25804703)
    That's it! 'Crowdsourcing' just made the list!
    1. Synergy
    2. Paradigm
    3. Web 2.0
    4. SOA
    5. [some application] Killer
    6. Governance
    7. Cloud Computing
    8. Crowdsourcing
  • by Richard Steiner ( 1585 ) <rsteiner@visi.com> on Tuesday November 18, 2008 @01:06PM (#25804829) Homepage Journal

    I've had access to millions of LOC over the years that I couldn't legally release as proof of prior art without getting corporate legal involved, and that's usually not a trivial undertaking.

    I'm not sure $50k is worth potentially trashing a career.

    There are hundreds if not thousands of companies out there that have written software in-house for decades, and I'm guessing most are in the same boat.

    • Re: (Score:1, Informative)

      by Anonymous Coward

      I've had access to millions of LOC over the years that I couldn't legally release as proof of prior art without getting corporate legal involved,

      The one thing that everyone forgets regarding prior art is it isn't prior art unless it's published. From Wikipedia: "Prior art ... constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality. ... Information kept secret, for instance as a trade secret, is not usually prior art..." (italics added)

      Magically whipping out secret information which hasn't been published before doesn't invalidate the patent. In t

      • Yes, I did forget that bit.

        Of course, many techniques which have been around for the past 40 years are also obvious to anyone skilled in the art of programming, and the patent office has fallen down so many times on that count that I'm not sure publishing means all that much either...

      • The law also states that if a item was on sale or in use In this country, that can be used as prior art. 102(b) On sale bar

        So if someone invented a widget product with some hidden internal structure and a person tried to patent it, the sale of said widget would be prior art.

    • by pavon ( 30274 ) on Tuesday November 18, 2008 @02:06PM (#25806051)

      For something to be considered prior art it must have been publicly available in some form. For example, a released product is prior art, a prototype or in-house product is not. A paper published in a journal is prior art, a internal whitepaper or lab notebook is not.

      While the courts to accept internal schematics, code and documentation as evidence that a released product is implemented in a certain way and thus prior art for a certain patent, they would not consider a product that has never been released as prior art.

      That is what the first-to-file rules changed - when multiple people apply for overlapping patents all the other internal documentation that is not considered prior art is now only looked at if it was created within a year before the patent was filed. In the past it was looked at much farther back to determine who invented a product first, but only in the case of multiple filers. Even before the change, it wasn't prior art, and thus couldn't invalidate a patent if the other party never filed for a patent.

      • For something to be considered prior art it must have been publicly available in some form. For example, a released product is prior art, a prototype or in-house product is not. A paper published in a journal is prior art, a internal whitepaper or lab notebook is not.
        .

        There is the second problem:

        To contribute anything of value you have to read and understand the patent. What geek ever RTFA.

        It will be easy to find something that bears a superficial resemblance to what you have read in an abstract or summa

  • Stupid business model. Just tell her to make a Slashdot profile and post stories about stupid patents and there'll be a dozen posts about prior art within an hour, all for free. Why throw away $50k when free is better?...
  • She aims to profit by selling the information contributors collect, or trade stocks based on it.

    The bigger they get, the fewer such patents there will be, the harder it will become for them to stay in business. Hardly a viable model...

    • by Reziac ( 43301 ) *
      I don't think it's meant to be more than short-term. I think it's meant to be a get-rich-quick scheme [slashdot.org] that has the benefit of lots of people doing the grunt work essentially for free.
  • There's a reason why it's patented, it's a completely original concept.

    Not that Harmonix would understand that. Nearly every game they've made has either been a rip off of a Konami music game or developed FOR konami, save Anti-Grav.

    • by tepples ( 727027 )

      Nearly every game they've made has either been a rip off of a Konami music game or developed FOR konami, save Anti-Grav.

      So are you accusing Frequency/Amplitude of copying Beatmania?

      • and badly too.

        • Parappa (Score:3, Insightful)

          by tepples ( 727027 )

          [Amplitude copied Beatmania] badly too.

          You may have a point there. But Parappa the Rapper [wikipedia.org] was released in Japan in December 1996, a year before Beatmania. Which Konami game did it copy? Likewise, Bust a Groove [wikipedia.org] was out ten months before DDR 1st Mix.

          • Neither Parrapa or Bust-a-Move were games where you simulated the synthesis of music with multiple lines representing notes or other play components of instruments.

            • by tepples ( 727027 )

              Neither Parrapa or Bust-a-Move were games where you simulated the synthesis of music with multiple lines representing notes or other play components of instruments.

              So in other words, you claim Konami's patent covers rhythm games where the note marks come in parallel tracks, one track per key, right? That would mean that Taiko Drum Master and Donkey Konga don't infringe because the different keys are sent down one track.

    • There's a reason why it's patented, it's a completely original concept.

      Now, I'm bad at understanding why one person can't have the same idea after someone else has had that same idea, so maybe I'm missing the point, but how about this [wikipedia.org]?

      • "Now, I'm bad at understanding why one person can't have the same idea after someone else has had that same idea"

        That's not what Harmonix did. They were perfectly well aware of GF/DM when making Guitar Hero. The debt has been explicitly acknowledged in interviews with top-level Harmonix people.

      • Because that's not a guitar, that has no connection a TV style display, doesn't make guitar noises...

  • Anti Patent Trolling (Score:3, Informative)

    by troll8901 ( 1397145 ) <troll8901@gmail.com> on Tuesday November 18, 2008 @01:27PM (#25805247) Journal

    Another organization: Peer-to-Patent (aka Community Patent Review)

    Currently a pilot project, renewed once per year, as long as it's useful.

  • Hang on. The Article One site doesn't say they offer $50,000 rewards. It says, "Earn up to $50,000 for sending in prior art which can invalidate patents." In other words, you could end up with peanuts. They also have a chart listing "profit sharing activities" that is so bewilderingly complex that it's meaningless.
    • And on the LEFT side of the screen it says:

      RESEARCH

      Browse our Patent Studies in diverse fields of science and technology. Then apply your knowledge, research and network to find prior art relevant to a Patent Study of your choosing.

      REWARD

      Receive a $50,000 reward if you're the first Advisor(s) to provide invalidating Prior Art for each Patent Study.

      Accumulate points towards Advisor Profit Sharing - totaling about 5% of our net annual profit (pursuant

  • I drink your Tranya. I drink it up!
  • The other day on NPR there was a bit about how the check cashing industry was actually helpful to poor people. Now maybe patent trolling isn't so bad? What next? Dogs and cats sleeping together?

    • "For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares?"" You do realize that your sig is not correct, right? The phrase is "For all intents and purposes."
      • It also does not beg the question. Therefore, I conclude that what the sig is actually about is trolling people who care about correct usage.

  • Am I the only one who misread that as 'crowdSURFING' ?

  • Participating in this project is not only useless, it's actually dangerous. Suppose you come across a pending patent that's similar to something you're working on. If you submit prior art, then that might invalidate the patent, but it might not. However, by submitting prior art you publically reveal the fact that you know about the patent. If that patent is granted, and you are later sued for violating it, it becomes "willful infringement", which means you owe triple damages. Because of the way patents are

    • Suppose you come across a pending patent that's similar to something you're working on

      If that patent is granted, and you are later sued for violating it

      I don't think the people planning on submitting prior art objections to these patents actually work in the fields or industries of the patents they're investigating, and therefore this would be a meaningless threat to them. They're just scientists for hire (and in this economy there's probably a lot of those). Or, at the very least, only working on pat

  • As the Founder of Article One Partners, I am excited to see this level of interest in the company. I would like to respond to a few questions and clarify some of the excellent points made. 1. We select our Studies based on the economic value of patents to industry. Some of the patent owners are public companies and some are patent aggregators (in our launch Studies, 15% of the patent owners do not manufacture). I believe the use of the term "troller" hinders a better discussion about the real issue -
    • Would it be too difficult to list the patent titles in the study description, next to the patent numbers and links? The summaries don't give much info about what patents are in question, but at least listing the titles might help. (For example, in the KEYBOARD - RIMM study, it would help to know that the patent disputes include "Hand-held electronic device with a keyboard optimized for use with the thumbs", "Hand-held e-mail device", "Hand-held electronic device with auxiliary input device", etc.)
  • --Konami is a malicious patent-abuser for patenting the technology behind and releasing essentially the same game as Guitar Hero years beforehand, and receiving no royalties for this? That is not the best case to use to win over otherwise neutral third parties like myself.

    I realize the point is that the patent is broad ... but ... Guitar Freaks and Guitar Hero are so similar I have always assumed they WERE made by the same company, just the same company that got the idea to use copyrighted music. Serio
  • The Software Toolworks released The Miracle Piano Teaching System back in 1990, that included a MIDI keyboard (with a non-MIDI-standard port) and software to teach people how to play the piano. The software included games to improve timing as well as games to improve note selection.

    The system was available not only for Nintendo and Sega Gensis(Megadrive) game consoles, but also the Apple Macintosh, Amiga and PC computer platforms.

    Hard to believe Konami was granted three patents for the same thing.

    http://e [wikipedia.org]

  • If there only is a hint of doubt about the novelty of the patent in question, why not simply hire a skilled patent attorney and have it shot down by a pro? In most cases that might even be cheaper than 50k.

    If there is no indication that the patent in question is new or non-obvious, well... then this is some weird kind of inverse patent trolling.

    And yes. IAA(Patent)L. But not yours.

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