Patents On Common Beans Rejected 10 Years Too Late
from the nice-one,-USPTO dept
This one's a bit old, but Boing Boing just pointed us to the incredible story of a guy named Larry Proctor who was able to get the USPTO to patent some yellow beans he picked up in Mexico. Yes. Really. You can read the patent (5,894,079) here. Thankfully, it was (finally) invalidated last year, but was around for about nine years -- during which time the patent holder basically was able to put a tax on imports of such beans to the US from Mexico:Yet Proctor actively enforced his patent. At one point, the patent-holder's US$0.6-claim on every pound of yellow beans sold in the United States caused a steep decline in exports of such beans from Mexico to the USA, according to Mexican government sources.The Boing Boing link points to the story of the USPTO rejecting the patent, but there actually is an update. Just a few weeks ago CAFC also ruled the patent as invalid, noting that Larry Proctor didn't actually do anything special, other than plant some beans he'd picked up. But, none of that stopped 10 years of being able to tax or ban every shipment of these beans into the US. Even beyond the question of why it took 10 years to dump this patent, you have to wonder how a patent on a bean got approved in the first place. Another proud moment by the USPTO.
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Filed Under: beans, enova beans, larry porter, patents, uspto
Companies: uspto
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Quiet you!
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Re: Quiet you!
Unfortunately you have to be more specific than that, and I already tried. I tried get my patent, aptly named "Green multi-armed aparatus for converting Oxegon from CO2 through photosynthesis", but by the time the USPTO rep met with me, it was Fall and the leaves had changed colors. Obviously they rejected the patent as being described incorrectly.
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He also enjoys it when oddly named fictional characters, including himself, speak in the 3rd person.
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I could see the USPTO declaring practically all patents invalid just to get the cash.
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but seriously, i see no downside to this. very few would assert piss poor patents. the PTO would instantly solve its post-bilski/ksr budgetary problems weeding out bullshit patents. and more parties would enter [incredibly beneficial] non-monetary cross-licensing deals with each other.
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that way patent holders have to make some affirmative action to subject themselves to the penalty.
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Not NEARLY what $10k or 100% of revenues would amount to.
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I am thinking the farmers just all moved on to a much more profitable crop and called it a day. Corn is real good these days ;)
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http://www.newscientist.com/article/dn965-wheel-patented-in-australia.html
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IP = protectionnism
Not much real "free traders" left...
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backatcha
Read the case from the court and take a look at the two patents. What Mike failed to mention was that the patent was invalidated by the USPTO in what is called a re-examination, and that during the re-examination a third party provided info that was not available to the examiner when the patent issued.
However, I am sure that neither you or Mike really know to much about patent law. Why bother, it makes generating your preconceived notions that much more fun.
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Re: Reality check for Mike
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As I said, when it was passed the first time, the examiner did not have all the info that the people (i.e., USPTO during re-exam proceedings) did who invalidated it.
If Mike: 1) read the court case and the patent files; and 2) had any real knowledge about patent law, he could not have made the statements he made in his article.
But like I said, why bother to really know what your talking about when you know what conclusion you want to publish. All those pesky facts just get in the way. Again, great job, Mike. Keep up your agenda!
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I read both and I stand by the post. Why would you think I hadn't?
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good job mike
Slamming people/orgainizations without knowing facts...brought to you by TechDirt(TM)
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Re: good job mike
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doesn't read the case w/ UNDERSTANDING
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Reminds me...
More seriously, I would support a penalty for invalidated patents -- especially if additional penalties were applied directly to any lawyers and patent examiners involved as well. There would be an awesome and immediate "chilling effect" on lawyers taking up bad patent cases, and the examiners neglecting simple things like prior art and obviousness tests. In any case, shouldn't invalid patents cost more to all involved with the application, than patents which provide real/provable innovations? They certainly create greater costs to society!
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