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Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

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Copyfight

« Writers, Wills, and Posthumous IP Care | Main | People Really Frelling Unclear On The Concept »

November 2, 2006

Remove Test Data Prior To Publication

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Posted by Alan Wexelblat

As noted by, among others, Eugene Volokh, a patent application has been filed with an obvious "test data" claim. The claim reads:

9. The method of providing user interface displays in an image forming apparatus which is really a bogus claim included amongst real claims, and which should be removed before filing; wherein the claim is included to determine if the inventor actually read the claims and the inventor should instruct the attorneys to remove the claim.

So on the one hand it's funny both in its text and in that it got through. The complaints about abysmal patent quality and absurd patent claims in the software arena have come from all corners and as some have said at least this one is forthright in admitting its bogosity.

On the other hand, I have a lot of sympathy for the point made by "Tony2" in the comments, to the effect that the rendering of technical inventions into patents is the semantic equivalent of translating them into a foreign language spoken only by a specialized community. Bogus claims or not, I find as a technical person I can't make a lot of sense out of patent language. It's completely understandable that the inventor on this patent wouldn't be fluent in this foreign language and would trust that people paid hundreds of dollars per hour - the application-drafting lawyers - would in fact do their jobs.

So, yeah. Funny. And also kind of sad.

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