IBM Files For Patent On Patent Trolling, But It May Be Too Late

from the different-methods-of-trolling? dept

Tue, Jan 4th 2011 2:31am — Mike Masnick

A few folks have been submitting this story from Conceivably Tech about how IBM is applying for a patent that appears to cover some aspect of patent trolling. The patent application (20100332285), which was published just before the end of the year seeks to cover a "computerized system for an intellectual property (IP) framework" which includes what appear to be patent troll-style moves -- such as monitoring the market to find "licensing" opportunities.

Of course, IBM might be a bit late to the game. As we noted over two years ago, it looked like Halliburton (yes, Halliburton) was applying for a patent on patent trolling -- and that patent was a lot more explicit. So perhaps IBM may find that there's a fair amount of prior art to deal with...

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Filed Under: patent trolling, patents
Companies: halliburton, ibm

18 Comments

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Jay (profile), 4 Jan 2011 @ 2:38am

I...

I...

I have no words...

I should make a book called "Trolling for Dummies"
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- Anonymous Coward, 5 Jan 2011 @ 5:03am
  
  Re: "Trolling for Dummies"
  There is no better place to look then TechDIRT.
  
  Ronald J. Riley,
  
  President - www.PIAUSA.org - RJR at PIAUSA.org
  
  Other Affiliations:
  Executive Director - www.InventorEd.org - RJR at InvEd.org
  Senior Fellow - www.PatentPolicy.org
  President - Alliance for American Innovation
  Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
  Washington, DC
  Direct (202) 318-1595 - 9 am to 9 pm EST.
  [ link to this | view in chronology ]
- Ronald J Riley (profile), 5 Jan 2011 @ 5:04am
  
  Re: "Trolling for Dummies"
  There is no better place to look then TechDIRT.
  
  Ronald J. Riley,
  
  President - www.PIAUSA.org - RJR at PIAUSA.org
  
  Other Affiliations:
  Executive Director - www.InventorEd.org - RJR at InvEd.org
  Senior Fellow - www.PatentPolicy.org
  President - Alliance for American Innovation
  Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
  Washington, DC
  Direct (202) 318-1595 - 9 am to 9 pm EST.
  [ link to this | view in chronology ]
Johnny, 4 Jan 2011 @ 3:08am

This great
First step on the way to self-annihilation of the patent system.
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Josef Anvil (profile), 4 Jan 2011 @ 3:28am

LOL
You have to admire the guts it takes to file for these types of patents. We are only in shock because we don't have the guts to do things this obvious and silly.

Common sense hinders most patent applications. I never would have thought to patent things like clicking on an icon to buy something. It seems that the patent office is allowing people to patent just about anything online because they dont understand how the web or browsers work. It all seems so NEW to the USPTO.
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- Richard (profile), 4 Jan 2011 @ 4:39am
  
  Re: LOL
  It all seems so NEW to the USPTO.
  
  Maybe someone should apply for a patent on "being a patent office" when the USPTO grants said patent they can then sue the USPTO for infringement!
  [ link to this | view in chronology ]
  - Berenerd (profile), 4 Jan 2011 @ 5:49am
    
    Re: Re: LOL
    No, because really? you feel they are even close to knowing how to be a patent office?
    [ link to this | view in chronology ]
    - Richard (profile), 4 Jan 2011 @ 6:45am
      
      Re: Re: Re: LOL
      If you made the claims broad enough it might just catch them....
      [ link to this | view in chronology ]
- Ronald J Riley (profile), 5 Jan 2011 @ 5:08am
  
  Re: LOL
  "We are only in shock because we don't have the guts to do things this obvious and silly."
  
  What you see with IBM is the fate of most large companies. They file minor patents because they are no longer able to produce significant inventions.
  
  Small business uses the patent system very differently.
  
  Ronald J. Riley,
  
  President - www.PIAUSA.org - RJR at PIAUSA.org
  
  Other Affiliations:
  Executive Director - www.InventorEd.org - RJR at InvEd.org
  Senior Fellow - www.PatentPolicy.org
  President - Alliance for American Innovation
  Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
  Washington, DC
  Direct (202) 318-1595 - 9 am to 9 pm EST.
  [ link to this | view in chronology ]
Anonymous Coward, 4 Jan 2011 @ 4:16am

Maybe we'll get to see two trolls fighting each other to death to see who gets the right to abuse the system.
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- abc gum, 4 Jan 2011 @ 4:22am
  
  Re:
  Wait ... an abuse the system patent - yeah, that's the ticket.
  [ link to this | view in chronology ]
Anonymous Coward, 4 Jan 2011 @ 6:33am

Pretty soon you won't even be able to take a sh*t without paying one of these as*holes.
[ link to this | view in chronology ]
John Smith, 4 Jan 2011 @ 7:20am

lol
Make sure you quench trolls with fire, or acid.
[ link to this | view in chronology ]
Anonymous Coward, 4 Jan 2011 @ 8:27am

Not surprising
There are four patents on using a laser pointer to tease a cat. There was a previous patent on using a flashlight to tease a cat, but that apparently did not constitute prior art. This patent does not surprise me at all.
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Killer_Tofu (profile), 4 Jan 2011 @ 8:30am

Done Deal
So perhaps IBM may find that there's a fair amount of prior art to deal with...

So IBM will get the patent no problem then.
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Chris in Utah (profile), 4 Jan 2011 @ 2:18pm

One more dam reason to hate Bush. (PSA: Halliburton owned by Bushes, funds war, oil & apparently stifling creativity with patent trolling) Fund both sides and profit on both ends while taking more control. Whats that quote? Doing the darkest things in the newest ways.
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- youignorantpeople (profile), 5 Jan 2011 @ 7:52am
  
  Re: Chris in Utah
  The Bushes never owned Halliburton. Halliburton is a publicly traded company. It is owned buy thousands of stockholders. Dick Cheney was CEO many years ago. Before he was ever Vice President. When he was VP he had no stake in Halliburton. The Bushes don't own Dick Cheney nor does Dick Cheney own the Bushes. Get your facts straight before jumping on the Bush Bash train
  [ link to this | view in chronology ]
Ronald J Riley (profile), 5 Jan 2011 @ 5:01am

IBM Dieing A Slow Death - In Decline For Decades
While I was a hardware engineer first I started programming over forty years ago. At that time IBM was riding high. I was a teenager and worshiped IBM. As I became older I came to appreciate that IBM and for that matter most large companies had lots of warts. By the time I got out of high school I did not want anything to do with working for big companies.

Look at IBM today, they are a ghost of their former self. IBM still makes a great deal of money but the seeds of their destruction have been growing for a long time.

Today we see IBM following behind Microsoft like a puppy. For example, five years ago Microcrap demanded Patent Deform and a month later IBM was the second to make the demand. While IBM started as a real inventor and evolved to become a parasite over time Microsoft started as a parasite from the beginning. Today they both remind me of the ending of Animal Farm.

Our patent system serves small and large entities alike, but they use the system in very different ways. Small companies build their fortunes on a small number of significant patented inventions while big companies file large quantities of marginal incremental patents.

IBM is the king of massive patent filings, most of which a small entity would never consider.

Microsoft, IBM and other members of the Piracy Cross Coalition want to cement their stagnate market positions by disenfranchising small entity inventors. That is the essence of Patent Deform.

Ronald J. Riley,

President - www.PIAUSA.org - RJR at PIAUSA.org

Other Affiliations:
Executive Director - www.InventorEd.org - RJR at InvEd.org
Senior Fellow - www.PatentPolicy.org
President - Alliance for American Innovation
Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
Washington, DC
Direct (202) 318-1595 - 9 am to 9 pm EST.
[ link to this | view in chronology ]