[SGVLUG] Company Claims Patents over XML

serross at ix.netcom.com serross at ix.netcom.com
Sat Oct 22 08:46:23 PDT 2005


Actually, I think the USPO doesn't have the knowledgeable personnel to understand high tech stuff.

-----Original Message-----
From: Jeff Carlson <jeff at ultimateevil.org>
Sent: Oct 21, 2005 2:56 PM
To: "SGVLUG Discussion List." <sgvlug at sgvlug.net>
Subject: Re: [SGVLUG] Company Claims Patents over XML

Michael Proctor-Smith wrote:
> Aviran Mordo writes "News.com reports that a small software developer
> plans to seek royalties from companies that use XML, the latest
> example of patent claims embroiling the tech industry. Charlotte,
> N.C-based Scientigo owns two patents (No. 5,842,213 and No. 6,393,426)
> covering the transfer of 'data in neutral forms.' These patents, one
> of which was applied for in 1997, are infringed upon by the
> data-formatting standard XML, Scientigo executives assert."

"Data in neutral form" can be revoked, as I believe this is essentially 
what email has done for over twenty years.  There are probably other 
examples.

One of the main problems with the current US patent system, I think, is 
that the clerks who issue patents are in no way encouraged to deny an 
application.  In fact, they are paid by how many patents they process 
and approve.  There is no incentive for the people doing the job to 
consider just how bad of an idea any particular patent may, in fact, be.



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