I read over the article more closely -- it's not the sentence, per se,
but the "fact" that was granted. It will be interesting to see what
the courts rule -- all precedent that I know of attests to not being
able to grant patents on "facts". Though who knows what they will do
-- many of the current patenting practices are, as Crichton points
out, patently ridiculous (hyuk yuk), and personally I think some of
the practices allowed (i.e. patenting business methods) are completely
abhorrent and counter-productive to the entire point of the patent
system (I don't think they encourage innovation, I think they just
give an incentive for companies to attempt to patent any conceivable
vague operation they can think of with the hopes of extracting future
royalties from people who independently use the same approach). So
we'll see... in any case, we certainly don't need to do anything until
after the ruling, and I'd be honestly shocked if the Court let
patenting a "fact" fly (but then again, I'm shocked that the Patent
Office would dare to let such a thing slip by itself -- "facts cannot
be patented" is practically a dogma in current intellectual property
discourse).
In a more lighthearted note, did you know the first patent
superintendent in the U.S. did not believe that patents should be
distributed publicly, and instead fought to have them kept secret?
Very strange episode in early U.S. patent history... unfortunately our
current entry on [[William Thornton]] doesn't mention this at all, so
maybe I'll add it in when I get some time.
FF
On 3/20/06, Matt Brown <morven(a)gmail.com> wrote:
On 3/20/06, Fastfission <fastfission(a)gmail.com>
wrote:
I think this is legally speculative enough to not
need direct
attention. To use patents to restrict written speech is, to use a
phrase, patently weird (this sort of thing is practically *always* the
domain of copyright law). I doubt the courts will uphold this, and
anyway I doubt we need to worry about it specifically in any case, for
now.
In fact, the very definition of patented is that the description is
made public in return for a limited monopoly on use.
-Matt
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