Posts Tagged: "Computers"

Article written by Martin Goetz… Over the years the term “software” has been terribly abused when a patent application has a computer in its specifications. We hear the terms abstract, ideas, laws of nature, mathematical algorithms when those against “software patents” argue their case. But true inventions — whether specified in hardware, software, solar power, gears, or what have you — must stand on their own two feet and meet the test of an invention as specified in the US Patent law. Additionally, the USPTO states that an invention is defined in its claims and not by its specification. Unfortunately, many USPTO examiners have been issuing patents for very questionable inventions that only computerize (or automate) a manual process or computerize a new, but obvious, use of a computer.

Our feature patent application today almost sounds impossible, or at least exceptionally futuristic. The application discloses a novel way of using image processing to aid in speech recognition services. The system described in this application could use a camera to analyze a user’s lip activity so that sounds picked up by a microphone can be differentiated as ambient background noise or genuine speech. We also discuss a few other patent applications, including one describing more efficient blade computer system architectures and another that discusses automated methods of delegating resources to individuals using an organization’s computer network. Patent holdings are of great interest to us in this series, as is HP’s clear focus on printing technologies in their recently issued patents. A couple of issued patents that we explore today discuss improved methods of inkjet printing for pigment opacity or reducing abnormalities in print media. We also were intrigued by a novel system devised to ensure that networked printers handle print jobs with better respect to user printing preferences.

A computer is, at a fundamental level, simply a clump of electrical switches each of which are in either an on or an off position. Whether and when a given switch is on or off is the result of the code that configures the switche(s) to be on/off and the subsequent result of passing small amounts of electrical charge through these switches (gates) and observing the output…. Software (and a power supply) is what makes a computer what we have, by now, come to know as a “computer”, i.e., our smart phone, laptop, or tablet. A computer, as a bundle of configurable switches; it is the “clay” a programmer uses to “sculpt” possibilities of outcomes based on a predigested set of inputs. The more the clay, the more the possibilities and the more “capable” a computer can become. Hence, each new chip with more switches, provides more possibilities, i.e., more and faster clay. The computer is the sculpted clay we hold in final form as determined by the program. The programmer, then, is the “artist” that creates the form, i.e, the utility. A program cannot manifest except on a computing device and the program running on a that computer is what defines that device (i.e., Windows, Mac, etc.). Will it ever think? Not in the same way you or I think, but maybe that is not a bad thing. We self program based on morality and context that we learn through a variety of inputs and adopt or reject as we roll through life. The circumstances that led to one decision when we were 18 lead, thankfully, to a different decision now!

How is it possible that no one is going to jail for this? How is it possible that there were no fines levied by the FTC? According to the FTC’s complaint, Aaron’s franchisees used the software, which surreptitiously tracked consumers’ locations, captured images through the computers’ webcams – including those of adults engaged in intimate activities – and activated keyloggers that captured users’ login credentials for email accounts and financial and social media sites. Under the terms of the proposed consent agreement with the FTC, Aaron’s will be prohibited from using monitoring technology that captures keystrokes or screenshots, or activates the camera or microphone on a consumer’s computer, except to provide technical support requested by the consumer.

Many of the recently published documents from the U.S. Patent & Trademark Office, including both patent applications and issued patents, relate to software system improvements that Apple has developed. One patent application for a voice assistant that can analyze contextual data is specifically for mobile device applications. Two other applications are for more general computer systems: one which protects a system of suggesting search result rankings for online shopping based on a person’s social network contacts; another would protect a cleaner user interface for browser windows with multiple open web pages. Apple is also interested in improving the hardware systems involved in their devices. One patent issued by the USPTO protects a removable hard drive for small form factor desktop computers that helps reduce the overall weight of the entire computer. A final patent application we feature today describes a system of accurately calibrating a mobile device’s magnetometer in response to interference from other electromagnetic fields.

Watson? It is an artificially intelligent computer system that is capable of answering questions presented in natural language. It is, in essence, the modern day equivalent to the all knowing Star Trek computer. It is flat out ridiculous to be asking whether the Star Trek omnipotent computer could be patent eligible, that that is where we find ourselves because what makes the computer unique is the software that makes it possible for Watson to perform 80 trillion operations per second. But Federal Circuit Judges say that mere fact that software is fast doesn’t make it patent eligible unless there is some kind of uniqueness to the computer itself. Have we really reached the point where truly astonishing innovations, innovations once thought to be impossible, are not patent eligible? Talk about jumping the shark!

Software patents, like all patents, are a form of innovation currency. They are also ecosystem enablers, and job creators. The innovation protected by software patents is highly integrated with hardware. All of it must remain eligible for protection. The current software patent “war” is hardly the first patent war—and unlikely to be the last in our nation’s patent history. Whenever breakthrough technologies come onto the scene, market players find themselves joined in the marketplace by new entrants. The first instinct of the breakthrough innovators is to bring patents into play. This is not only understandable, it is appropriate. Those who invest in breakthrough innovation have a right to expect others to respect their resultant IP. However, in the end, as history has shown time and time again, the players ultimately end up agreeing to pro-consumer solutions via licenses, cross-licenses or joint development agreements allowing core technologies to be shared.

The good news is that signal claims and broad claims to computer program products are obtainable in Europe. However, such claims are only grantable if the necessary language is present in the European application or the International application as filed, otherwise objection will arise under a.123(2) EPC. Further, the EPO rules on priority are strict, and if the necessary language is missing from the US provisional or utility application from which priority is claimed, then signal or unrestricted computer program product claims will not benefit from priority. It is at the time of US filing that the necessary language must be introduced, and in particular entry into the European regional phase is too late.

Seven rent-to-own companies and a software design firm have agreed to settle Federal Trade Commission charges that they spied on consumers using computers that consumers rented from them, capturing screenshots of confidential and personal information, logging their computer keystrokes, and in some cases taking webcam pictures of people in their homes, all without notice to, or consent from, the consumers.

The disclosure requirements for these types of patent applications has been a moving target for years, which means that whatever the most stringent disclosure requirements are should become the target regardless of the types of claims you file. To ensure your software patent application has appropriate disclosure of the invention you should accept — even embrace — the requirements for having an appropriate means-plus-function disclosure. By meeting the strict standards set forth in the mean-plus-function algorithm cases you will file more detailed applications that have better disclosure and which will undoubtedly support more claims, thus making the resulting patent or patents more valuable.

What If you created an automobile engine that could deliver 500 miles per gallon of gasoline would you seek a patent? I suspect you would because that type of engine would almost certainly be revolutionary. So why wouldn’t you think about patenting a software system that more efficiently manages power consumption for a large office building? If you could reduce energy consumption by 25% wouldn’t that be noteworthy? Of course, and it should be patentable as well. Legally it doesn’t matter whether the advantage is created by an old world mechanical gadget or thanks to the constant monitoring and manipulation of parameters via a computer following instructions. Both are innovations and both are patentable, and rightly so.

Whether the “open source means free” community ever chooses to acknowledge it, the truth is that a patent is a business tool; an asset. If you are serious about being in business in the software space you absolutely must have patents. Yet, there are those in the “open source means free” community, which simply a naive anti-patent sector, would have those throughout the open source community incorrectly think patents are evil. They complain that patents shouldn’t be protected by patents and copyrights are enough. They claim it is too hard to figure out if you are infringing. What they are really saying is that they choose not to operate their business affairs in a business appropriate fashion and in order for them to succeed while ignoring best practices and being responsible like every other business and industry they need patents on software to cease. This chicken little approach proves only that they are not business savvy, and that they aren’t paying attention to developments in the industry.