Intellectual property Toolkit
Story: Microsoft frowned at for smiley patent
Posted by: Lonnie E. Holder (Thursday 28 July 2005, 3:14 PM)
Another commentor stated that pharmaceutical companies are trying to patent naturally occurring chemicals. That statement is inaccurate. Pharmaceutical companies can patent techniques for extracting a chemical, and for processing the chemical. However, extraction techniques previously existing qualify as prior art, regardless of whether there exists any publication, and a technique that already exists and was invented by another is not patentable, which is the law.
A problem can arise if the company applying for the patent does not disclose the prior art, in which case there may be inequitable conduct, which in a court case would make the patent unenforceable, which is also the law.
It is easy to poke fun at patent examiners when the allow something to be patented that knowledgeable people know has existed for some time, but examiners' knowledge is relatively limited and they only know what is published or what is disclosed to them. Once they know, there are a host of laws that protect the public and previous inventors.
Full Talkback thread
Story: Microsoft frowned at for smiley patent
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That language parsing patent's only technical aspe... Trevor Simms -
Perhaps Microsoft should apply for copyright... Dave Stover -
Microsoft did think the internet would grow to wha... robobright
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This is the kind of shit I want to keep out of Eur... Samuel,UK
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Well said, Samuel,UK
wasn't there somthing ab... JhonSmith
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Microsoft is dead. Software Patents are dead. The... Still Balates
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Screw Microsoft. Actions like these are why the te... Joey A.
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I wondered how this differed from what a lot of op... Richard
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The item you link to is a patent application, not... Anonymous
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What's next? Microsoft attempts to patent fonts an... Last Angelman
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that sort of shit gives me a microsofton! kapster
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I think Microsoft is lacking talent, thats why the... Anonymous
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A true technical innovation (not)
At first I thoug... Anonymous
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PRIOR ART -- what Microsoft is patenting has alrea... Randolf Richardson
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If microsolf truly does patent this, I hope that a... Anonymous
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... for me just another very good reason to defina... Lothar Velling
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Dont the patents office have some form of prosecut... Tony
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Is it April 1 ? John Sims
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Huh, say what? If a technique has been used "widel... Michiel NL
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Hey, I think I'll just patent the alphabet and mak... Anonymous
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Of course as usual the article writer and anti-M$... Jason M. Knight
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The primary claim for the patent application... Ingrid Marson
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The first claim must be read as a whole.... Tom Olszewski -
The problem is the US patent laws. They are simply... Beast
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A couple of points regarding the article post... Lonnie E. Holder
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Another commentor stated that pharmaceutical... Lonnie E. Holder -
I agree with Microsoft !!!! Apple sucks Anonymous
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Microsoft can patent smilies? Oh, I forgot. Micros... Kinney
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I think it's crazy, trying to own everything. Inte... Anonymous
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so patent for using FONTS will be next...
after al... Dustie
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Wtf, those guys are gonna make us change the names... Adam
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This has been up for consideration for a year and... Nik
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Gee. I can include whatever image in whatever mes... Arthur B.
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hahahahahahahhahahahahaahahaha omg...
this will in... d34d
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One of my forefathers invented the kiss and fart.... Ken Davies
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SH**! I just realised that Microsoft may be able t... Ken Davies
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Can't blame them for doing something that the gove... Peter Ritchie
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It seems that people are continuing to miss t... Lonnie E. Holder
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Microsoft,
please please don't ty this.
Yahoo use... Anonymous
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Well back in 1968 I did create a 'Smiley Face' bad... Chris Dunne
