China's Shanzhai Companies Moving On From Counterfeit Imitation To Collaborative Innovation

San Francisco Game Designer Creates Program That Converts Any Text Into A Patent Application

from the probably-a-patentable-process-itself dept

Tue, May 27th 2014 8:32pm — Tim Cushing

The US patent system is still largely broken, despite years of promises to clean the mess up. As we covered last week, Amazon was recently granted a patent to a photography method that's been in common use for years. Also recently, it was noted that the patent office has resumed its regularly-scheduled programming and is granting as many patents as humanly possible.

With the office running at full speed, there's no time like the present to submit your patent application to the rubber-stamping machine. The specifics of the application are less important than overall appearance of professionalism, so why not hand the creation job over to automation as well?

Sam Lavigne (a SF-based artist and game designer) has created a program that turns any text into a not-entirely-unbelievable patent application.

I wrote a program that transforms literary and philosophical texts into patent applications. In short, it reframes texts as inventions or machines. You can view the code on github.

I was partially inspired by Paul Scheerbart’s Perpetual Motion Machine, a sort of technical/literary diary in which Scheerbart documents and reflects on various failed attempts to create a perpetual motion machine. Scheerbart frequently refers to his machines as “stories” – I wanted to reverse the concept and transform stories into machines.

Levine's post goes into more detail on how this is achieved, starting with the standard formation of most patent applications, whose titles are generally of the "Method and device for xxxx" variety. The resulting applications generated by his code definitely have the patois of the patent process down cold. When attempting to patent something obvious or already patented, the ability to spin a thick web of dense text is a necessity. Lavigne's algorithms don't disappoint. Here's a bit from The Communist Manifesto: the Patent Application ("A method and device for comprehending, theoretically, the historical movement.")

Figure 1 is an isometric view of the progressive historical development of the proletariat.

Figure 5 is a diagram of the whole superincumbent strata of official society.

Figure 8 is a perspective view of the first conditions for emancipation.

Figure 10 schematically illustrates the French criticism of the bourgeois State.

Figure 11 is a block diagram of an independent section of modern society.

Figure 12 schematically illustrates the disastrous effects of machinery and division.

Figure 14 is a cross section of the misty realm of philosophical fantasy.

Figure 15 is a perspective view of an agrarian revolution as the prime condition.

Lavigne has also provided samples derived from "The Hunger Artist" by Franz Kafka and "The Question Concerning Technology" by Martin Heidegger.

At some point in the future, Lavigne plans to release a version that will implement any user input, meaning that any person's blog/Twitter feed/email will soon have a shot at US Patent Office validation. In the meantime, the code is available at Github for "innovators" wishing to get a head start on non-coding rivals.

It's an interesting exercise in bending unrelated texts to the formats and formalities of patent applications. The fact that its creations are no less credible than some actual patent applications isn't necessarily an indictment of the system, which, at the application point, is wholly dependent on the submitter's skill and intelligence. If an algorithmically-generated patent app manages to sneak its way into granted status, then there's reason for concern. The patent office is no longer riding the brakes, which obviously increases the chances of bad patents being granted. It's hard to imagine something like Kafka's "apparatus and device for staring into the void" making its way past any halfway alert examiner, but it at least it could make for some interesting reading.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: automated, generated, karl marx, patents, sam lavigne

35 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Allaun Silverfox (profile), 27 May 2014 @ 9:01pm

Kafka patent
I think a kafka patent would be too meta. I mean, the whole system would eat itself. >.
[ link to this | view in thread ]
Anonymous Coward, 27 May 2014 @ 9:06pm

" I wrote a program that transforms literary and philosophical texts into patent applications. In short, it reframes texts as inventions or machines "

Right now John Steele is desperately trying Phone Paul Hansmeier to tell him he just found a new scheme to get easy cash and has opened a new drink and pour box of wine to celebrate the occasion with.
[ link to this | view in thread ]
Shill, 27 May 2014 @ 9:14pm

"Also recently, it was noted that the patent office has resumed its regularly-scheduled programming and is granting as many patents as humanly possible. "

But this just means we're being more innovative. More patents = more invention and innovation!!! See the formula there? So if you want to make America even more innovative we should grant even more patents. We should disregard prior art, obviousness, and merit. All patents should be rubber stamped without the patent examiner even reading them. Then we can be even more innovative.
[ link to this | view in thread ]
Anon E. Mous (profile), 27 May 2014 @ 9:21pm

In the Eastern District of Texas, the Chief Judge has just sent out a notice to all Judges in the Eastern District that they will all be in for a 45% raise this year as forecasts predict for the next 10 years a 90% increase in intellectual Property lawsuits to be filed.
[ link to this | view in thread ]
That One Guy (profile), 27 May 2014 @ 10:03pm

Conflicted
I'm not quite sure which side to root for more.

On one hand, something like this would allow the patent office to be absolutely buried under a flood of junk patents(even more so than currently), which could be just what's needed to get some actual reform for the system.

On the other hand, if history is any lesson, until that 'reform happens I'm betting a good 90-100% of those junk patents would be granted, making for one hell of a treasure trove for the patent trolls to scavenge from.
[ link to this | view in thread ]
Anonymous Coward, 27 May 2014 @ 10:27pm

Copyright infringement?
So, if you point this at novel, and it spits out a patent...

Is that patent also a derivative work of the copyrighted work?

Can patents be taken down on the grounds that they are copyright infringing?

Will this be an epic battle of IP vs. IP?
[ link to this | view in thread ]
Mark Noo, 27 May 2014 @ 11:18pm

Re: Conflicted
Here is a link to the patent application fees.

http://www.uspto.gov/web/offices/ac/qs/ope/fee010114.htm

If this stuff didn't cost money I would be happy to apply for patents on all my niece's essays.

What about math homework. Would the program work if only numbers and symbols are present?

This is by far the funniest post I have read all day. Just thinking about all the stuff we can exclude people from using is staggering.
[ link to this | view in thread ]
antymat, 27 May 2014 @ 11:21pm

The Trial
Just wondering, how this one would look like after transformation. My bet? Not that different...
[ link to this | view in thread ]
antymat, 27 May 2014 @ 11:24pm

Re:
Oh, just stop doing whatever you are doing, and start studying a thesaurus for "wheel" synonyms. The most innovative thing to do in the world!
[ link to this | view in thread ]
Anonymous Coward, 27 May 2014 @ 11:36pm

Re:
We're the most innovative country on the planet. Just look at all the stuff we produce!
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 2:35am

Re: Re:
More of the Chinese are becoming engineers taking away from the patent troll profession. China needs to adopt stricter patent policies so that they can be more like the U.S. and create more patent attorneys and become more inventive and innovative instead of just stealing ideas from U.S. patent attorney firms. Who needs engineers when they just steal ideas from patent attorneys.

(the sad part is that this is what the shills around here seriously seem to argue).
[ link to this | view in thread ]
Ninja (profile), 28 May 2014 @ 3:14am

apparatus and device for staring into the void

Inception. Is it for staring at the scrutiny actually directed at patent applications? I would classify that as a void.
[ link to this | view in thread ]
Jake, 28 May 2014 @ 3:16am

I give it about three months before we see someone get sued for a patent generated by this thing.
[ link to this | view in thread ]
G Thompson (profile), 28 May 2014 @ 3:19am

Re: Re: Conflicted
I'm thinking Kickstart it.. absolutely flood the process and then show with proof that these bogus patents were allowed and then the onus is on the US Patent office to basically either say they are incompetent or stupid or both. it's a LOSE-LOSE for them.

I'm sure a whole lot of people would pay 70-280 per pop for the chance to destroy your current idiotic system. Just make sure they state in writing that all patents will be Common Property afterwards (Public Domain)
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 3:45am

Re: Kafka patent
I do hope they use either this one or one with the text from the patent application procedures as input.

I hope even more that is actually does collapse the entire patent system.
[ link to this | view in thread ]
Emelio Lizardo, 28 May 2014 @ 4:44am

Now all we need is the reciprocal invention, a program for the patent office that reads and grants patent applications.

The patent fabricating and granting programs can be directly linked.

Further, the writing program can be made into a bot that scoured the internet for patentable text.

A whole new series of bots could scan the patent database for conflicts and sue defending bots. Plaintiffs and respondents can be automatically billed.
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 5:25am

Re:
This really doesn't make sense...well, not quite. One question: how much does the PTO charge for an application, and how much for a granted patent? I'm thinkin' that they are making a bundle on these "patents" and couldn't care less about validity. Follow the money!
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 5:28am

Re: Re:
Not to mention patent attorneys!
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 5:32am

Well time to patent common materials then
Time to use this software to apply for patents for common everyday materials. I'll apply for patents on the following.

-Water
-Dirt
-Grass
-Rocks
-Sand
-Trees

Then I can go around patent trolling everyone for things like drinking water, or playing in the sand at the beach!
[ link to this | view in thread ]
Robert, 28 May 2014 @ 6:12am

Mark twain patent
I hope he has patented his program.
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 7:19am

You want to be a patent troll?
There is an app for that.
[ link to this | view in thread ]
Anonymous Anonymous Coward, 28 May 2014 @ 7:51am

Patents vs Copyright
What would happen if one used a work currently under copyright, but it didn't get recognized until after the patent is granted, and some troll takes it to court where a defense lawyer takes note? Who wins, the defendant, the troll, the copyright holder, or just the lawyers?
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 8:42am

Re: Re: Conflicted
Uhm ... I wonder how this 'Micro Entity Fee' thing works?

"The fees subject to reduction upon establishment of small entity status (37 CFR 1.27) or micro entity status (37 CFR 1.29) are shown in separate columns. "

So is this how inventhelp and other organizations work? They get some poor schmuck to apply for a patent so that they can get it for cheaper by paying a 'micro entity fee' and then they buy the patent from that person for way less than the patent troll would have to otherwise pay?

Is this partly why patent trolls try to form different 'sub-organizations'? They try to get these little organizations to get the patents for cheaper than what a larger patent aggregation organization would pay and then to sell that patent to the larger organization for much less than what the larger organization would have to pay if they applied for them themselves?

If this is correct ... what a scam.
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 8:54am

FTFY
We're the most innovative country on the planet. Just look at all the bullshit we produce!
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 9:00am

Re:
Maybe just develop a lottery system that just randomly generates and grants patents to people without their knowledge - that seems more effective and fair to everyone I think.
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 10:36am

I read the sample in my best Monty Python "Philosophers" voice.
[ link to this | view in thread ]
gorehound (profile), 28 May 2014 @ 10:36am

Yes, by all means LET LOOSE THE KRAKEN !!! Create lots of meaningless stupid Patents and flood their lame corrupt office.
Thinking this could be a good idea.
[ link to this | view in thread ]
Gene Cavanaugh (profile), 28 May 2014 @ 10:46am

broken patent system
Not quite right - you buy patents now; and no money - no patent. Disgusting, and I AM a"patent" attorney (properly, IP attorney).
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 11:18am

It would appear that the Fed thinks that the Patent Troll Picnic may be soon coming to an end, if its busily creating as many bad patents as it can before the shit hits the fan.
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 11:24am

Re: Re:
The fees from the PTO go into the general fund of the US Treasury. Sadly, the PTO is pretty underfunded and patent examiners spend less than a day on average per patent application.
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 11:33am

My current favorite awful patent is....
.... #8422994

https://www.google.com/patents/US8422994

I've looked at this thing for hours and have yet to parse out anything that can be called an invention.

It's a word-salad of things that might maybe somehow be done with a smartphone.

It's owned by Digimarc, which once upon a time was a real company. From reading the Wikipedia article on them, I speculate that they've hollowed themselves out and are now a patent mill, in association with Intellectual Ventures.
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 4:34pm

Re:
And when you gaze long into an abyss the abyss also gazes into you
[ link to this | view in thread ]
Anonymous Coward, 28 May 2014 @ 7:24pm

Re: My current favorite awful patent is....
Well, at its core that patent seems to be a about image/audio interpretation.

Which is a very legitimate field of research and development. It's very easy for a human to identify something that's "food", for example, but ridiculously complex to get a machine to identify which objects are food in a photograph. Or even what objects are actually physically separate. Or what is even an object, or just a 2-d rendition of an object ("Ceci n'est pas une pipe")

If someone did develop a very efficient and accurate algorithm for this kind of process, it would actually be a legitimate development that would have extremely wide-spread application.

Granted, this patent is probably just an imperfect attempt that's still good for some novelty purposes.
[ link to this | view in thread ]
Anonymous Coward, 29 May 2014 @ 3:25am

Re:
Er, no. You actually have to pay real money to get a patent...
[ link to this | view in thread ]
Peter Pan, 15 Jun 2014 @ 1:32pm

Profound misunderstanding
This article and many of the comments reveal a profound misunderstanding of the patent system. We now have over 8 million issued US patents, and yes, crap does squeak through more often then never. If you've ever had a patent application examined by the USPTO, you will know they are not all blithering idiots, as this blog would have you believe. You can pull a fast one on them with high priced lawyers, and get a weak patent, but it won't be worth much in the patent market, during licensing negotiations, or ultimately in court. This is not a balanced view of the patent system.
[ link to this | view in thread ]