Does The Internet Generation Make For Bad Jurors?

Halliburton Tries To Patent Form Of Patent Trolling

from the fascinating dept

Fri, Nov 7th 2008 7:41pm — Mike Masnick

We see all sorts of ridiculous patent applications and patents, but my favorites tend to be the patents that have to do with patents themselves (such as the patent app on a method for filing a patent). However, the folks over at Patently-O have highlighted a fascinating patent application from an attorney at Halliburton, which appears to be an attempt to patent the process of patent trolling. The application covers, quite explicitly, having a company (we'll say Company A) that does not invent something, find a company (Company B) that did invent something, but chose to use trade secret protection, rather than patents. Then, the Company A files a patent covering Company B's technology, and then use the issued patent to get money out of Company B. halliburton patent

Now, one could hope that Halliburton's intention in patenting such a process was to use it to stop other companies from doing this, but it does make you wonder. Of course, especially after the Bilski ruling, this patent is most likely dead in the water, but these days, you never know.

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Filed Under: bilski, patent trolling, patents, trade secrets
Companies: halliburton

61 Comments

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Anonymous Coward, 7 Nov 2008 @ 7:52pm

Nah, it can't be
Is it April first ?
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Anonymous Coward, 7 Nov 2008 @ 9:14pm

Halliburton ?
I hope we see the last of these turds on January 20th
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Anonymous Coward, 7 Nov 2008 @ 9:17pm

1st Order of business for Obama
Get Halliburton off the US payroll!!!
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- Falindraun, 7 Nov 2008 @ 10:40pm
  
  Re: 1st Order of business for Obama
  Apparently you don't understand 'government contracts' and how they work.
  [ link to this | view in chronology ]
Mogilny, 8 Nov 2008 @ 12:04am

Other Pending Patents from Halliburton
-> Cost plus government contract scheme
-> Recruitment techniques used to recruit truck drivers for supply line across an unsecured war zone.
-> The method of placing a puppet in the white house/pentagon.
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- oldtroll, 8 Nov 2008 @ 4:32am
  
  Re: Other Pending Patents from Halliburton
  I do not mean for my reply to be taken for anything other than, what it is. An opinion.
  
  In regards to patenting "The method of placing a puppet in the White House / Pentagon" .
  There will be no need.
  The people of Islam, beat them to it.
  Since they will be pulling the strings in the VERY near future, the whole patent process might be a moot point.
  
  I don't know about you, but I'm not sure if they will uphold ANY patents, or ideas, not dealing directly with their views.
  Some might say that I am over reacting, but I feel that a lot of weird things are about to take place. And guess who will be caught in the middle, you got it , us !
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  - Anonymous Coward, 8 Nov 2008 @ 6:47am
    
    Re: Re: Other Pending Patents from Halliburton
    "The people of Islam, beat them to it."
    
    Using old and tired repub propoganda - typical troll.
    
    It seems that ALL religious fanantics do not like the pres elect.
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  - joevolcano, 8 Nov 2008 @ 6:40pm
    
    Re: Re: Other Pending Patents from Halliburton
    Wow....that's patent fear!!!
    
    You are patently fearful!!!
    
    I hope that one day you will get tired of making yourself
    miserable!!
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  - gyffes, 9 Nov 2008 @ 4:31am
    
    Re: Re: Other Pending Patents from Halliburton
    I love how the same people claim Obama's muslim and in the next breath rant about how evil his minister is.
    
    Well, which is it, you moronic snot? Is he a muslim who's been FAKING his interest for the last 20 years in a church run by a crazyman, or is he a 20-year follower in a church run by a crazyman?
    
    John Stuart Mill said this 150 years ago and it's just as true today:
    
    "Conservatives are not necessarily stupid but most stupid people are conservative."
    
    *sigh*
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    - barrenwaste, 9 Nov 2008 @ 11:17am
      
      Re: Re: Re: Other Pending Patents from Halliburton
      Does it matter if he's faking or not? The fact remains that he's been following a crazyman for 20 years. Now, ask yourself, do you want a cultist to be president? I'm not talking wiccan or anything like that, don't consider them cults. But it's not a stretch of the imagination to see his minister in the center of the next Waco. Obama is not the man you want running your country, the first should have been when all our enemies cheered for him......
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      - Concervative, 9 Nov 2008 @ 8:06pm
        
        Re: Re: Re: Re: Other Pending Patents from Halliburton
        Obama is not the man you want running your country, the first should have been when all our enemies cheered for him......
        
        Yeah, cause everybody knows the democrats are the enemies of our country.
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      - NotYourEnemy, 10 Nov 2008 @ 10:40pm
        
        Re: Other Pending Patents from Halliburton
        >Obama is not the man you want running your country, the first should have been when all our enemies cheered for him......
        
        I just want you to notice that Al-Quaeda was officially supporting McCain, because the Republicans have done so much for them by facilitating recruiting and giving them all the visibility they needed. Economy is at the center of most war, and Al Quaeda would never have been able to destroy it without the dedicated support of the Bush administration and 2 costly wars on terrorism that could never be won and that created lots of tensions between the USA and the rest of the world.
        
        A war that could not be won? Sorry, I forgot that the Taliban does have some winning chance, if the US economy get destroyed and have to give up being the main world leader, just like England had to do in the past. On the other hand, I don't like much the idea of seeing China as the next world leader.
        
        Now with Obama, a settlement with the Taliban (something unavoidable sooner or later) will finally be possible. Together with some other initiatives, the tension between the US and the rest of the world might significantly go down and so will the number of your enemies (which I am not, just in case that would cross your mind).
        
        Wait a second. You just applied for a patent about the process of declaring a war to a nation that have done no direct wrong to the US. And how to do this using the processes of lies, false information, FUD and changing the motive for the war in the middle as it fits at the moment while getting funded by the Oil and the Weapon industry players. Sorry for underestimating you: it was a great and very lucrative idea.
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  - Anonymous Coward, 9 Nov 2008 @ 4:49pm
    
    Re: Re: Other Pending Patents from Halliburton
    waaiiit...
    ignoring your interesting use of commas, what exactly are you saying here? Obama is a puppet of "the people of islam", who will take control of the patent office? And they will purge patents/ideas that are not muslim?
    >_>
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JP Fife, 8 Nov 2008 @ 1:59am

Hmm. Perhaps I should look into patenting the following:

1 Try doors of houses
2 If doors open enter and remove valuables
3 Sell said valuables back to householder
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ZZZ, 8 Nov 2008 @ 2:25am

The one I want is:

1:Steal credit card info
2:Go shopping
3:Sell goods for checks which you can then deposit in the bank account
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Anonymous Coward, 8 Nov 2008 @ 4:11am

Don't worry Obama will fix everything. He has in the past.
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- oldtroll, 8 Nov 2008 @ 6:01am
  
  Re:
  What past ?
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DueDoe, 8 Nov 2008 @ 6:02am

Halliburton's
Halliburton is used to stealing. Just the way they operate! They learned from Dick Cheney. Why do you think this country is in this "MESS"! Expect anything to happin'. It ain't over yet!
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DueDoe, 8 Nov 2008 @ 7:07am

Elizabeth Dole
Elizabeth Dole got her ass kick here in NC by going lying, ugly, dirty, especially about her opponents' religion. GOOD that hes did the repubs have on ability to understand the issues! They just seem to think that all voters are as dumb as they them selves are!
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- Sigmund Mosschops, 10 Nov 2008 @ 11:23am
  
  Re: Elizabeth Dole
  Someone appears to have replaced your doubtless splendid, lucid and logically unimpeachable comment with a jumble of pre-linguistic gibberish.
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comboman, 8 Nov 2008 @ 7:59am

prior art
It's not hard to find prior art to invalidate this patent (although that hasn't stopped patents from being granted before).
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Patent Lover: TechDirt Hater, 8 Nov 2008 @ 8:26am

Unemployed losers on this site: Patents are here to stay!
I am a wealthy, white male with a portfolio well over $12 million. I laugh out loud when reading this bullshit blog and its spit in the wind attempt to change patent laws.

1. Patents are here to stay. Nothing this blog says or does will ever change that.

2. Most of the posters, I bet, have never invented anything in their lives, much less patented it.

3. I have money because of many patents I own. You don't.

4. I win. You lose.
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- eleete, 8 Nov 2008 @ 8:43am
  
  Re: Unemployed losers on this site: Patents are here to stay!
  Uh, Not so fast.
  http://www.ftc.gov/opa/2008/11/ipmarketplace.shtm
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- Marcus, 8 Nov 2008 @ 8:57am
  
  Re: Unemployed losers on this site: Patents are here to stay!
  I'm a wealthy black male, under thirty years of age, with a portfolio near $35 million. That's after the market woes, btw. One hundred percent of my wealth came from the software and technology sectors and, while I have written much and invented a few things in my short professional life, I own not one single patent. I innovate, you litigate. You win? I win bigger!
  [ link to this | view in chronology ]
- slimcat (profile), 8 Nov 2008 @ 12:08pm
  
  Please don't feed the troll!
  Patently obvious that this guy is in his early to mid 20's, high school education with a little community college, works a dead end job, lives with his parents and vents the anger of his failures by posting ignorant baloney on websites which are above his intellectual capacity to understand.
  [ link to this | view in chronology ]
  - Anonymous Coward, 8 Nov 2008 @ 1:03pm
    
    Re: Please don't feed the troll!
    Agreed, Slimcat.
    I've noticed that this happens in cycles- perhaps it's nearing a full moon again. There was a long list of troll/flamebait in the "Bad Jurors" story too.
    [ link to this | view in chronology ]
  - libkarl2, 11 Nov 2008 @ 2:24am
    
    Re: Please don't feed the troll!
    Well put. It's going to be a while before this election-cycle hangover is past. Till then, we just have to continue ignoring all the "Joe The Plumber"(tm) copycats out there.
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- laughter, 8 Nov 2008 @ 3:50pm
  
  Re: Unemployed losers on this site: Patents are here to stay!
  I am a wealthy, white male with a portfolio well over $12 million. I laugh out loud when reading this bullshit blog and its spit in the wind attempt to change patent laws.
  
  1. Patents are here to stay. Nothing this blog says or does will ever change that.
  
  2. Most of the posters, I bet, have never invented anything in their lives, much less patented it.
  
  3. I have money because of many patents I own. You don't.
  
  4. I win. You lose.
  
  You don't win. If you have 12 million dollars, and your idea of fun is trolling a blog, you practically define losing.
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  - Locus, 8 Nov 2008 @ 9:39pm
    
    Re: Re: Unemployed losers on this site: Patents are here to stay!
    Agreed. Assuming this guy has 12 million(probably not) hes more than likely to be one of those guys whos only game is to tell girls how much he makes and points to his bmw(prolly has some kind of retarded rims and a system in it) and more than likely has herpes from this(all gold digging whores have herpes). Congrats to you. I wish i was as cool as you. Wait, negative, im not an arrogant loser who trolls internet blogs why scratching my genitals. If your so rich why dont you buy yourself a life.
    
    BMW - 42k
    Gold digging whores - 500 dollars (each)
    A real social life - Priceless
    
    they're are some things money cant buy, for everything else their is visa check card (even herpes meds)
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- Young Sage seeking advice..., 9 Nov 2008 @ 11:06am
  
  Re: Unemployed losers on this site: Patents are here to stay!
  I am not a millionaire myself...yet. I agree, this is not the way to change patent laws. Why would we? What we do want is the people administrating those patents to be well qualified to perform this service for us. That's right patents protect us little guys from the big guys. If you develop a product that proves profitable and you don't patent it...then you it is your lack of due diligence that made it easy for the bigger company to get your product. That's business, and its not always pretty. I am a young black american who works hard, and I will remember to patent my product. Like I said, patent laws are to protect people like me from the big guys. At least until I accomplish my goals, then those same laws will protect you from me. God Bless America! I love capitalism!
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  - nasch, 9 Nov 2008 @ 1:00pm
    
    Re: Re: Unemployed losers on this site: Patents are here to stay!
    No, patent laws are to help people like me. People who never invent anything. People who buy things. Patents are to make sure there are new and innovative things out there that we can buy - and that is ALL. If they protect little inventors too, that's fine but it's a side benefit. If they protect inventors at the expense of innovation (as seems to be too frequent), then they are not serving their purpose, and the laws need to be revised.
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- Chris M, 10 Nov 2008 @ 9:19am
  
  Re: Unemployed losers on this site: Patents are here to stay!
  Patent Lover sez:
  
  "I am a wealthy, white male with a portfolio well over $12 million. I laugh out loud when reading this bullshit blog and its spit in the wind attempt to change patent laws.
  
  1. Patents are here to stay. Nothing this blog says or does will ever change that.
  
  2. Most of the posters, I bet, have never invented anything in their lives, much less patented it.
  
  3. I have money because of many patents I own. You don't.
  
  4. I win. You lose."
  
  http://www.youtube.com/watch?v=aF8wLg5Asgo&feature=related
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- Anonymous Coward, 10 Nov 2008 @ 1:15pm
  
  Re: Unemployed losers on this site: Patents are here to stay!
  Patent Lover... I hope you or your children are drafted into the military. Strip away your wealth and privilege, and you'll be surprised how little of you is remaining.
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Link, 8 Nov 2008 @ 8:53am

RE: Unemployed losers...
Patents as they were intended by the constitution are fine, to protect the inventions of inventors. But patent trolls and patents that violate prior works, are over generalized, or are obvious do not follow the intent. In order to retain the integrity of patents there needs to be some patent reform. I hope that your patents don't succumb to these, in which case I applaud your accomplishments.
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Anonymous Coward, 8 Nov 2008 @ 11:21am

Why does this come as a surprise?
Cheney, the ex-CEO of Haliburton has been a large proponent of neoconservative ideology. The neoconservative ideology believes heavily in the process of "intervention".

In reviewing the patent, it seems to rely heavily on intervention between companies. Could this be a repositioning of a political philosophy of intervention into something that could possibly relate to a business model?

Just the very existence of this patent is foreshadowing.
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- GHynson, 9 Nov 2008 @ 2:53am
  
  Re: Why does this come as a surprise?
  Dick Cheney is just a DICK period!!!!
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Anonymous Coward, 8 Nov 2008 @ 11:57am

I haven't RTFP (read the f-in patent) but would like to know if it includes invading nations to inforce it.
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Bret22, 8 Nov 2008 @ 12:33pm

Money can't buy worse business ethics than this patent
Um, stupid question, but why would anyone want to do business with Haliburton?
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- Rebecca, 9 Nov 2008 @ 8:10am
  
  Re: Money can't buy worse business ethics than this patent
  >> Um, stupid question, but why would anyone want to do business with Haliburton?
  
  I LOLed so hard.
  
  It's OKAY if you break a secrets agreement if you file a publicity-viewable patent!
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FellowConspirator, 8 Nov 2008 @ 1:09pm

FWIW - This idea is not patentable as I had posted the same algorithm to Slashdot several years ago in a thread encouraging people to post their most asinine patent proposals.
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Lucretious, 8 Nov 2008 @ 2:58pm

God, how do these scumbags look at themselves in the mirror....
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Chawne, 8 Nov 2008 @ 3:07pm

Unemployed lo0zers!!!!!!11
I am a 48-year old black transexual with a 40-inch cock. That is all.
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Jack Bean, 8 Nov 2008 @ 3:25pm

Nice
hey, you cant blame a guy for trying right!

Jess
www.anolite.echoz.com
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RD, 8 Nov 2008 @ 3:38pm

Yes!
The patent system, provided to protect inventions and spur innovation, creativity, and competition. Just like T. Jefferson intended.

.

.

Whats that you say? This isnt how the patent system is supposed to work? It's really being used as a bludgeon to stifle innovation, silence dissent and competitors, and lock up inventions and ANY derivative from ever being used or expanded upon by anyone else? And the Govt supports this, because they are owned by their coporate masters? Surely, this is what the founding fathers had in mind all along? Right?
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Anonymous Coward, 8 Nov 2008 @ 4:28pm

Where is Angry Dude when you need him ?
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Teddy Hedenquist, 9 Nov 2008 @ 1:34pm

Teddy Hedenquist
you cant blame a guy for trying
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Overcast, 9 Nov 2008 @ 3:09pm

3. I have money because of many patents I own. You don't.

4. I win. You lose.

Congratulations on being the bestest, richest, winningest person on the whole internetz.
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Overcast, 9 Nov 2008 @ 7:23pm

ignoring your interesting use of commas, what exactly are you saying here? Obama is a puppet of "the people of islam", who will take control of the patent office? And they will purge patents/ideas that are not muslim?

Not sure... but he is certainly a puppet of the big bankers, who pretty much run eveything, regardless of who's actually in office.

New puppet, same puppet masters.

"The real truth of the matter is...that a financial element in the large centers has owned the government ever since the days of Andrew Jackson..."
—Franklin Delano Roosevelt, 1933
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angry dude, 9 Nov 2008 @ 8:12pm

oh geeesh
So many imbeciles commenting on this blog
If this is a representative sample of american population then it is no wonder that everything is so fucked up
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Anonymous Coward, 9 Nov 2008 @ 8:20pm

It's just a bunch of trolls with nothing to do in mothers' basement while they wait for her to make them some hot pockets.
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- Anonymous Coward, 10 Nov 2008 @ 2:15am
  
  Re:
  Good luck stopping us assmunch
  
  http://www.heavy.com/video/60139#/channel/1161
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Mark Regan, 9 Nov 2008 @ 11:09pm

More Power To Them
I am preparing to patent the process of breathing air on the premises of Haliburton, so that I can begin billing them for the royalties they owe me for each breath of air their lungs inhale using MY patented system of breathing. My silent partner is God, who is allowing me to share the royalties with Him. What goes around comes around.
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Allblack, 10 Nov 2008 @ 7:42pm

??
Not sure how most of these posts are even relevant. The Patent system is overcomplicated and time consuming and the sooner it is harmonized the better it will be for innovation on a global scale. Obama will hopefully bring the US to the table on this. Something George was unwilling to do. Im not American so it is so easy to laugh how easily you guys seem to get distracted from the big picture stuff. Who care if he is muslim, Im judging the man on the policies he has presented to the world. His 'gold plated' patent idea is different but only really applies to big business. Maybe old mate with the BMW and gold digging whores has one lol.
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Allblack, 10 Nov 2008 @ 7:51pm

.....continuation
.. also wouldn't hurt if you guys knew something about patent law before commenting. Some of the posts just make me think this website is read by a lot of idiots. All I am saying is that it wouldn't hurt to be a little informed before offering insight into a subject as complicated as patents.
PS- Pretty funny that I was linked to this by a fellow IP Professional =)
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Liam Potter, 11 Nov 2008 @ 4:33am

so you guys can patent business models over there?
And you claim to have a free market?
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sid1138, 11 Nov 2008 @ 6:34am

The Filer of this patent does not understand patents
If a process or system is put into place and is being actively used, it is no longer patentable. You must file the patent BEFORE you sell anything.

Now, if a company starts handing out trade secrets to just any old person that comes along - they deserve what they get. If, on the other hand, they hand out the trade secrets to someone that signed a non-disclosure, who then goes and patents that idea - well the lawyers get rich in those cases.

This is just a stupid idea that someone submitted to the patent office. It is not like it will actually RECEIVE a patent (or, even if it did, if that process could actually be used).
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- Anonymous Coward, 11 Nov 2008 @ 3:49pm
  
  Re: The Filer of this patent does not understand patents
  "The Filer of this patent does not understand patents"
  
  Yeah, patent lawyers are stupid like that.
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AlexF, 12 Nov 2008 @ 1:05am

Surely this
is tantamount to extortion? (But I suppose it's Company B's fault for not patenting their idea in the first place)
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Michael, 15 Nov 2008 @ 10:32am

Might we consider that this entire application was nothing but a satire? Maybe this company has found itself overwhelmed by trolls, and in the course of fighting back one of its lawyers wrote the patent bar's form of "A Modest Proposal." There has been a history of applications filed as a form of protest in the past -- An expensive joke perhaps, but not unprecedented.
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Allblack, 17 Nov 2008 @ 8:16pm

/Agree
To be honest I cant wait until industrial applicability is actually applied to patents as a legitimate test of patentability. It is my understanding that it is just a box ticking exercise done by examiners. My favorite patent I have seen granted by the USPTO is a 'method for walking through walls'. I believe it involved the the resonant frequency of water at some point. Passed novelty and inventive step tests... according to the legislation it deserves to be monopolized. Right??
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Polo Outlet, 6 Aug 2011 @ 1:34am

Polo Outlet
Your article swept me away with its vast information and great writing. Thank you for sharing your views with such passion. I like your views.
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