"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Friday, October 31, 2014

The '99ers Patent Gold Rush Continues Unabated After State Street According to Figures Published at Patently-O by Dennis Crouch : The Patent World Meme

At Patently-O in The Number of U.S. Patents In Force, Dennis Crouch has a graphic titled "Timeseries Showing the Number of US Utility Patents in Force, Grouped by Patent Age" which shows a clear, unabated and massive rise in the number of utility patents in force, starting in the year 1999, when the current "99ers patent gold rush" began and quickly established itself as the "patent world meme".

The chief culprit for this development is of course the incompetent Federal Circuit and its absurd decision in State Street Bank & Trust Company v. Signature Financial Group, Inc., 149 F.3d 1368 (Fed.Cir. 1998), which held, in a bizarre decision, and virtually out of the blue, that computer-based systems and methods of doing business were patentable. See White & Case LLP in A "State Street" Court Decision That Could Change The Way You Do Business. State Street was one of the worst court decisions of all time and opened a Pandora's Box which has led to the patent chaos that dominates the legal world today.

Equally responsible, however, for the burgeoning patent glut is a "do nothing" U.S. Supreme Court which denied certiorari in the State Street case, making the Federal Circuit Court decision final, and essentially establishing State Street Bank as the patent law in force, and letting virtually everything be patentable.

Recent foolishly permissive and wishy-washy Supreme Court patent decisions, which allegedly "limit" State Street significantly, such as In re Bilski,  have done nothing to stem the glut of patents as the entire business world continues to take up the State Street patent meme, a happening which reminds of the frenzied 49ers of California Gold Rush days, when hundreds of thousands of gold-seekers arrived in California to seek quick fortunes, just as is being done in the patent wars of today -- where USPTO-issued patents for obvious, non-innovative state-of-art developments in all fields of modern technology continue to offer the carrot of instant millions or even billions of dollars in windfall income for clever patent applicants and holders.

If we had enough judges with any practical sense on the Federal Circuit or the Supreme Court, and if Congress were not filled with people trying to play President rather than legislating sensibly, this would not be happening.

Until then, many fortunes will be made by clever people, whose main claim to fame is that they know how to "ride the system".

Most Popular Posts of All Time

Sky Earth Native America

Sky Earth Native America 1 :
American Indian Rock Art Petroglyphs Pictographs
Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
Volume 1, Edition 2, 266 pages, by Andis Kaulins.

  • Sky Earth Native America 2 :
    American Indian Rock Art Petroglyphs Pictographs
    Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
    Volume 2, Edition 2, 262 pages, by Andis Kaulins.

  • Both volumes have the same cover except for the labels "Volume 1" viz. "Volume 2".
    The image on the cover was created using public domain space photos of Earth from NASA.


    Both book volumes contain the following basic book description:
    "Alice Cunningham Fletcher observed in her 1902 publication in the American Anthropologist
    that there is ample evidence that some ancient cultures in Native America, e.g. the Pawnee in Nebraska,
    geographically located their villages according to patterns seen in stars of the heavens.
    See Alice C. Fletcher, Star Cult Among the Pawnee--A Preliminary Report,
    American Anthropologist, 4, 730-736, 1902.
    Ralph N. Buckstaff wrote:
    "These Indians recognized the constellations as we do, also the important stars,
    drawing them according to their magnitude.
    The groups were placed with a great deal of thought and care and show long study.
    ... They were keen observers....
    The Pawnee Indians must have had a knowledge of astronomy comparable to that of the early white men."
    See Ralph N. Buckstaff, Stars and Constellations of a Pawnee Sky Map,
    American Anthropologist, Vol. 29, Nr. 2, April-June 1927, pp. 279-285, 1927.
    In our book, we take these observations one level further
    and show that megalithic sites and petroglyphic rock carving and pictographic rock art in Native America,
    together with mounds and earthworks, were made to represent territorial geographic landmarks
    placed according to the stars of the sky using the ready map of the starry sky
    in the hermetic tradition, "as above, so below".
    That mirror image of the heavens on terrestrial land is the "Sky Earth" of Native America,
    whose "rock stars" are the real stars of the heavens, "immortalized" by rock art petroglyphs, pictographs,
    cave paintings, earthworks and mounds of various kinds (stone, earth, shells) on our Earth.
    These landmarks were placed systematically
    in North America, Central America (Meso-America) and South America
    and can to a large degree be reconstructed as the Sky Earth of Native America."

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