[IP] Creative Gets Patent on Filing things in Categories?

[David Farber <dave@farber.net>]

Begin forwarded message:

From: "Andrew D. Swart" <andrew@swart.com>
Date: August 31, 2005 8:19:31 PM EDT
To: 'David Farber' <dave@farber.net>
Cc: 'Jason Weisberger' <jweisberger@mac.com>
Subject: RE: [IP] Creative Gets Patent on Filing things in Categories?
Reply-To: andrew@swart.com


Jason Weisberger writes:


> I'm confused as to what is so unique here as to merit a patent?
> The look of the interface seems silly to patent, they did what
> they could with a cheap LCD screen, this is why they look similar -
> is using cheap LCD screens some how intellectual property?

Here's a 2 cent theory:  the patent office is understaffed and
unqualified -- at least in high tech cases -- to fully grasp and
competently argue proposed claims.  How could they be sufficiently
expert?  Instead, they follow a set of procedures to ensure that some
prior art searches are done, that applications are in the proper format,
and that some logic/friction is applied, including acceptance of fees.
A small number of patents are later subjected to a "validation" of
sorts, when entities with economic stakes in a patent go to great
lengths (expense) to challenge/defend in court, usually settling well
before getting to trial.  Those parties that do get to trial end up
arguing high-tech minutia in front of juries, a fascinating concept.  In
the end, the vast majority of patents seem to remain in an unproven
state.

On a related note, this forum recently included reports of legislative
attempts to make it more difficult to litigate patents (I think the
proposed changes were to make it harder to obtain injunctions).  If the
"system" relies on the courts to compensate for the inability of the
patent office to accurately weed out bad applications, then shouldn't
all legal options need to remain widely available?



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