Tuesday, March 09, 2004
USPTO Negative on Eolas Embedding Patent at First Review Stage
The Internet and Patents
The internet is ubiquitous and affects MANY of us DIRECTLY nearly every single day. Indeed, the internet will be increasingly important as time goes on. The world of tomorrow is a DIGITAL world.
The "Rejected" Eolas Patent and the News
So let us look for a change at a really IMPORTANT piece of news, which has been misreported by almost every important newspaper and news agency. The only halfway reliable report we have found online is at InternetNews.com in a March 5, 2004 article by Susan Kuchinskas misleadingly entitled "Microsoft Wins One in IE Battle" which correctly reports that a preliminary examination of the Eolas patent by patent examiner Andrew Caldwell in the USPTO re-examination of this patent resulted in a rejection of ALL 10 Eolas claims in the patent for the reason that "It would have been obvious to one of ordinary skill in the art at the time the invention was made to implement the browser and controllable application".
Robert McMillan of the IDG News Service reports in Computerworld that "Eolas patent rejected, but decision not seen as final".
THAT would be GREAT news of the first importance, if the USPTO (United States Patent and Trademark Office) had actually and FINALLY rejected the validity of the patent erroneously issued to Eolas for internet embedding methodology, for which it has sued Microsoft and for which it is threatening to disrupt the entire internet. However, the patent has in fact not yet been actually rejected by the USPTO but, as reported at Nipper's Patent Law Blog, the patent has been given "a negative first office action during the [patent] reexamination" and the process of review is not yet completed, though with all 10 claims preliminarily rejected, it does not look good for Eolas at this point. Thank goodness for that.
This is the first step forward by the USPTO in fulfilling its manifold RESPONSIBILITIES, which they had forgotten. We hope it is the start of the absolutley necessary NON-ISSUANCE of patents for general software code or for methodology related to the internet, especially where patent applications come from companies and individuals who have become specialized in "methodology patent filing".
We repeat here our view that the only things that should be patentable are SPECIFIC PRODUCT APPLICATIONS of software code and of digital and internet methodology, but NOT the underlying code, technology or methodology itself. That is the ONLY standard which will withstand the necessities and demands of the future.
Bloggers and Media who have Correctly Seen this as an Important Event
Bloggers who have seen this as a significant event: Well Done !
Nippers Patent Law Blog
Digital Media Minute
Other News Sources: IHT, CNet, Windows & .Net Magazine Network. Note that most of these journalistic news sources miss the entire POINT!!!!! seeing this as a victory for Microsoft, rather than categorizing this news properly, i.e. as a victory for ALL of us. This and other similar Eolas patents (or similar patents from other companies and individuals) have little to do with Micorosft but a lot to do with the future of the internet.
We would ask that the uninformed journalists out there finally get this right in their future stories.
And of course, we at LawPundit were right on this issue all along - see here and here and especially here.
See also Netcraft.
In a related development, at ZDNet see also the fully justified denial of a patent for Amazon's "One-Click" methodology by the Japanese Patent Office. We hope that the USPTO, the US Congress and the European Commission finally WAKE UP and follow suit in rejecting totally these kinds of ridiculous patents.
Things are beginning to look up in this previously dismal internet patents field.
See the Wikipedia generally on the topic of software patents - with many useful links.
Posted by Andis Kaulins at 3/09/2004 12:35:00 PM
Most Popular Posts All Time
- Samsung Digital Picture Frame 2006 is Clear Designer Prior Art to the Later "Design" of the iPhone and iPad
- How to Remove Disabled Greyed-Out Add-on Extensions in Firefox 4: e.g. the Microsoft .NET Framework Assistant (ClickOnce) Extension
- Week 1 2013 College Football FBS Game Predictions by SportPundit
- Legal Graphologists : A Query to You : What About the Christopher Marlowe - William Shakespeare - Controversy and The Signatures of These Two Authors? Are They By the Same Hand?
- PONG ! About that Ridiculously Granted Bounce-Back Scrolling Patent US 7469381 Which Is Anticipated by the Prior Art and Obviousness of the Old Atari Game of PONG
- Speaking of Mouse Trap Economics, What About that Yarn that Patents Stimulate Invention: Les Earnest Testifies Before the USPTO
- 2011 Preseason College Football Rankings
- "The Adobe Flash plugin has crashed" in Mozilla Firefox - A Solution for this Vexing Problem
- Oil & Gas Cartels and American Inertia on Energy Issues : Major Culprits for the Current Economic Situation in the World?
The ISandIS Network
Our Websites and Blogs: 3D Printing and More 99 is not 100 Aabecis AK Photo Blog Ancient Egypt Weblog Ancient Signs (the book) Ancient World Blog AndisKaulins.com Anthropomorphic Design Archaeology Travel Photos (blog) Archaeology Travel Photos (Flickr) Archaeo Pundit Arts Pundit Astrology and Birth Baltic Coachman Bible Pundit Biotechnology Pundit Book Pundit Chronology of the Ancient World Computer Pundit DVD Pundit Easter Island Script Echolat edu.edu Einstein’s Voice Energy Environment and Climate Blog Etruscan Bronze Liver of Piacenza EU Laws EU Legal EU Pundit FaceBook Pundit Gadget Pundit Garden Pundit Golf Pundit Google Pundit Gourmet Pundit Hand Proof HousePundit Human Migrations Idea Pundit Illyrian Language Indus Valley Script Infinity One : The Secret of the First Disk (the game) Jostandis Journal Pundit Kaulins Genealogy Blog Kaulinsium Kiel & Kieler Latvian Blog LawPundit.com Law Pundit Blog LexiLine.com LexiLine Group Lexiline Journal Library Pundit Lingwhizt LinkedIn Literary Pundit Magnifichess Make it Music Maps and Cartography Megalithic World Megaliths Blog) Megaliths.net Minoan Culture Mutatis Mutandis Nanotech Pundit Nostratic Languages Official Pundit Phaistos Disc Pharaonic Hieroglyphs Photo Blog of the World Pinterest Prehistoric Art Pundit Private Wealth Blog PunditMania Quanticalian Quick to Travel Quill Pundit Road Pundit Shelfari SlideShare (akaulins) Sport Pundit Star Pundit Stars Stones and Scholars (blog) Stars Stones and Scholars (book) Stonehenge Pundit The Enchanted Glass Twitter Pundit UbiquitousPundit Vision of Change VoicePundit WatchPundit Wine Pundit Word Pundit xistmz YahooPundit zistmz