Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
patents, problem solving, thinking

Companies:
bmw



BMW Trying To Patent Technological Problem Solving

from the no-thinking-for-you dept

Erik was the first of a bunch of you to send in the story about how BMW is supposedly applying for a patent on a method using technology to solve problems. You can read the patent application for a Method for Systematically Identifying Technology-Based Solutions if you'd like. It's not quite as broad as the claim on Autoblog that it's a patent application on "technological creative thinking," but it is ridiculously broad. Read through the actual claims, and it's difficult to see how this deserves a patent at all. There shouldn't be a monopoly on a method for how you solve problems.

27 Comments | Leave a Comment..

 
 

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  1. Nov 10th, 2009 @ 4:19am
    by Chill

    There shouldn't be patents on genes, but yet parts of our bodies are the intellectual property of others... because they are entitled to claim genes..

    So it's not really a stretch of the imagination for a company to try this. I read some of the patent, basically it is trying to get a monopoly on creative thinking, identifying a plurality of problems and finding solutions, or however they put it.

    "In many countries, certain subject areas are excluded from patents, such as business methods and mental acts. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission"
    http://en.wikipedia.org/wiki/Patent (in before "wikipedia isn't a source!")

    I know that we aren't talking about genes here, but I found out they were patented on this site, and it's given me a horrid look at the patent system.

    One can only pray this isn't accepted. It would be a victory for common sense.

    (reply to this comment) (link to this comment)

  2. Nov 10th, 2009 @ 4:30am
    by icon senshikaze (profile)

    Yea, okay.
    Starting now, I will ignore any patent made by anyone. The system is broken and I see no reason to adhere to a broken system.
    I am very close to not adhering to copyright for much the same reason.

    On another note entirely: wouldn't all of human history be prior art?

    (reply to this comment) (link to this comment)

  3. Nov 10th, 2009 @ 4:50am

    BMW

    by Zafi

    I think this is absolute ridiculus allowing companies/organisations to patent ideas/methodologies/process especially as broad as this one. Allowing such patents discourages creative thinking/development on broad level.

    (reply to this comment) (link to this comment)

  4. Nov 10th, 2009 @ 5:06am
    by Boba

    Ha...this response is patented. If you read it, my laywers will be in contact.

    (reply to this comment) (link to this comment)

  5. Nov 10th, 2009 @ 5:08am

    Patents - the new fools gold

    by How would this work?

    Infringement by everyone would be a given, but how would it be proven? You could simply say that you solved the problem by guessing or maybe pulled it out of your ass rather than engaging in a logical progression of thought - which btw should not be patentable for obvious reasons.

    (reply to this comment) (link to this comment)

  6. Nov 10th, 2009 @ 5:14am

    Patent

    by NullOp

    Broad and vague. That's how we like our patents!

    (reply to this comment) (link to this comment)

  7. Nov 10th, 2009 @ 5:17am

    Re:

    by cc

    We are very sorry, but common sense has already been patented by Sony.

    (reply to this comment) (link to this comment)

  8. Nov 10th, 2009 @ 5:24am

    Re:

    by Anonymous Coward

    First, you ignoring patents harms any patent holder, how much? How about, none?

    Second, why are you ignoring any patent? The issue described is an application, not a patent. That application has a snow-ball's chance in hell of ever issuing as a patent.

    (reply to this comment) (link to this comment)

  9. Nov 10th, 2009 @ 6:01am

    Problem Solving...

    by Anonymous Coward

    I have heard of this process already. It is called Triz.

    (reply to this comment) (link to this comment)

  10. Nov 10th, 2009 @ 6:14am

    Re: Re:

    by icon Chuck Norris' Enemy (deceased) (profile)

    You obviously haven't seen the patents that get through the USPO.

    (reply to this comment) (link to this comment)

  11. Nov 10th, 2009 @ 6:27am
    by icon Overcast (profile)

    Someone go copyright the concept of a copyright and get this over with.

    (reply to this comment) (link to this comment)

  12. Nov 10th, 2009 @ 6:39am

    Re:

    by icon Alimas (profile)

    Ooooo, maybe someone could patent the method for maintaining a system of patents.

    (reply to this comment) (link to this comment)

  13. Nov 10th, 2009 @ 6:44am

    Re: Re:

    by icon Dark Helmet (profile)

    Ah, hell, just trademark the terms "Patent" and "Copyright" and it'll be over.

    (reply to this comment) (link to this comment)

  14. Nov 10th, 2009 @ 6:44am

    Thanks, Now I'll use it

    by PatentWright

    I'd like to patent systematically breaking down patents with a computer algorithm and then reselling them to people who don't like to develop technology.

    Ah-ha!
    ha ha hahahahahaha.
    Okay so these guys think that a computer program with drop downs solutions that compiles and aggregates data is cutting edge? It's like they just created the search engine in 2009. Am I the only one that isn't impressed with anything but how stupid it is to share how you do things with all of your competition?

    (reply to this comment) (link to this comment)

  15. Nov 10th, 2009 @ 8:43am
    by Anonymous Coward

    Pretty soon using a spreadsheet to help solve problems that spreadsheets are designed to solve will be patented.

    (reply to this comment) (link to this comment)

  16. Nov 10th, 2009 @ 8:44am

    Re:

    by Anonymous Coward

    or using a calculator to solve a math problem.

    (reply to this comment) (link to this comment)

  17. Nov 10th, 2009 @ 8:46am

    Re: Patents - the new fools gold

    by Anonymous Coward

    "You could simply say that you solved the problem by guessing"

    It's still infringement.

    (reply to this comment) (link to this comment)

  18. Nov 10th, 2009 @ 8:53am

    Re: Re:

    by mike42

    Yet another unimplemented patent!

    Sorry, just had to...

    (reply to this comment) (link to this comment)

  19. Nov 10th, 2009 @ 9:11am
    by Anonymous Coward

    I swear that stories like this make me want to patent a system by which anaerobic gasses are exchanged from a fluid medium for aerobic gasses and then sue the pants off anyone who dares to breathe!

    Seriously, where's the bar? I guess all it takes is enough confusing technical jargon.

    (reply to this comment) (link to this comment)

  20. Nov 10th, 2009 @ 12:53pm

    A wise man once said:

    by batch

    Whats the difference between a BMW and a Porcupine? With a porcupine, the prick is on the outside.

    (reply to this comment) (link to this comment)

  21. Nov 11th, 2009 @ 6:03am

    Not Patented

    by DB

    Does anyone remember the scene in It's A Wonderful Life where young George Bailey struck a cigarette lighter in Mr. Gower's drug store and said "I wish I had a million dollars"?
    He didn't get the millions dollars just because he wished it.
    And the BMW patent application's ridiculous claim 1 has not been allowed just because they wished it.

    (reply to this comment) (link to this comment)

  22. Nov 12th, 2009 @ 5:35am

    Re:

    by Anonymous Coward

    You did catch the point that this is an application, right?

    (reply to this comment) (link to this comment)

  23. Nov 12th, 2009 @ 5:37am

    Re: Re: Re:

    by Anonymous Coward

    Yet another patent application confused with a patent.

    (reply to this comment) (link to this comment)

  24. Nov 12th, 2009 @ 5:38am

    Re: Re: Patents - the new fools gold

    by Anonymous Coward

    Actually, based on the way the claim reads, it would not be infringement. Of course, that also assumes that the patent application ever issues, which is extremely unlikely. You have to follow each and every step of a claim to be infringing, and guessing a solution is not one of the steps.

    (reply to this comment) (link to this comment)

  25. Nov 12th, 2009 @ 5:40am

    Re: Re: Re:

    by Anonymous Coward

    Good luck with that.

    (reply to this comment) (link to this comment)

  26. Nov 12th, 2009 @ 5:41am

    Re: Re: Re:

    by Anonymous Coward

    Yes, I have. This one will not go. Just watch.

    (reply to this comment) (link to this comment)

  27. Jan 3rd, 2010 @ 12:29pm

    bmw patent

    well patents have to be broad so that they benefit the writer.






    San Diego BMW Service Repair
    8680 Miralani Dr, Suite 124, San Diego, CA
    (858) 635-9063‎

    (reply to this comment) (link to this comment)

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