[IP] more on Microsoft "911" patent 6882706

[David Farber <dave@farber.net>]

------ Forwarded Message
From: Robert Ferguson <rob@fergusonlabs.com>
Date: Wed, 20 Apr 2005 22:39:50 -0700
To: <dave@farber.net>
Subject: Re: [IP] Microsoft "911" patent 6882706

Dr. Farber,

Without going into the merits of this particular patent, it might
help everyone to realize that, in the US system, the language of the
granted patent does not necessarily accurately or completely convey
the scope of the legal rights that the patent grantee has obtained
through the grant of the particular patent.

OK, that was a really complicated way of saying that it *may* not be
as bad as you might thing on first reading. You really can't tell.

During the patent examination process, there is a back and forth
negotiation between the patent examiner and the applicants. This
correspondence can take years. Often, this process will produce
limited definitions for terms used in the patent language but it may
also result in the reduction of the scope of the patent claims
themselves. All this paperwork is contained in the "file wrapper"
that the patent office holds for the particular patent. The published
patent itself *does not* necessarily reflect the results of any of
these negotiations and agreements.

So, if you want to understand what any particular granted patent
actually *means*, you have to get the patent office to send you a
copy of the associated file wrapper. I believe (although I don't
recall precisely right now) that this costs some non-trivial amount
of money, and takes a not-inconsiderable amount of time.

As I understand it, looking at patents in isolation can lead to
frighteningly incorrect conclusions. This, to my mind, is yet another
way in which the current patent system is broken, but that's probably
an argument for a different day.

Best,
Rob Ferguson
rob@fergusonlabs.com

ps: I am not a patent lawyer, but I've spent a bunch of time with
them. I think what I'm saying is true, but if you have actual legal
issues around patents, please don't take my word for anything.

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