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Patent minefield. Dance? PDF Print E-mail
Articles - Herald NovT
Saturday, 28 November 2009 10:47

1. Introduction

Reading the newsfeeds of legal disputes between patent search and right-holders and patent search and right-ispol′zovatelâmi, sometimes difficult from the thought: "a plague on both your houses!". Because there is in these disputes-courts, that some of our current life. This correctly? And whether there is a new life, or at least new opportunities for us?
No, and there are of course simple and honest "čižiki" that (a) themselves having invented (b) (v) themselves are marketed themselves freeze when in anticipation of happiness and money from the assignment of their rights. Flag them in hand and many kilometers under stern. But something rare in legal disputes is the author. Typically, the plaintiff is firm '' (patent, license, right) to distant from the peace process production software product (software). On the one hand-nothing personal, just business.
On the other hand, take the foreign commercial software, you look at a multi-line list small font patents USA and day mould permanently resides sadness. This is because we have oil, and their lawyers plus responsive to legal nuances. So-we underground, and they consume. A logical question: "what?" (on second eternal question answer known, but he did not all enjoy: who asked it and blame, or otherwise "If you have less than wish you have more than deserve".
And if so, what?
And we are not worse than many, we too can many patent.

2. acting on bitches

We apologize in advance. for temporary related and induced this inconvenience. Don't we first started and slightly guilty only run once again its historic mission-show and what didn't, but now (and this is the first time) on someone else's example.
On the other hand, in order to maintain aspect ratio and achieve the true harmony, fans of the FOSS (free software and/or software with open source, including the US) must, simply must be PatMin. Whether due to code in source until it especially nobody need and/or if it is not readable?
But donate free Community patent that is worth the money-that is where the true test for human nature. Here straight story in a spirit of Dostoevsky can be formed. So: forward to detail, where, as you know, the devil.

3. business process possible

3.1. Analyze promising directions of development of it-business alignment.
Don't worry and feel intimidated. If you remove the abstruse words, are what make programmery for a bottle of beer absolutely unselfishly and environmentally irresponsible (the white only entropy increases fluctuations ether). It is important only to burn (1) and to transmit somewhere (e.g. PSPR, (2), send to PSPR translation into any unreasonable amount (3) joke, but the script, even if you change your destination, about the same (if there are still where to send).
You can, of course, and to do (and rightly) and immediately send designed a package of documents to the destination worldwide (or European) entity (sorry, memory, accuracy is not poručus′, in your core u.s. initial cost of about $ 35, then of course still nabežit, but what's important-all values as well). But as I understand it breaks many: something neslyšno about the tolpah of our patents on such already us close (almost native) American soil zabivših peg in the spirit of the first who subjugated the Prairie. There are still Rospatent, but will not immediately about sad.
3.2. Hold rating vote.
For example, at our website (although it is not intrinsically fundamentally agree and have one place in Runet e) hold rating vote among the sponsors of the draft (the weight of votes is proportional to the contributions in this uvlekatel′nejšuû pravoobrazovatel′nuû business game on nedetskie money).
If the sum of nabralas′ and votes have further wait. On our common (and not just your personal care. Once we get paper-banquet at the expense of the Trade Union or other chosen have tempted us partner, but in the case of choice in favor of the Patent Office of the United States-gložut questioned the banquet.
And if we, the glory, flowers, girl-fanatki, interview-autographs, light illumination from delighted media-well General understand yourself. Case normal. I hope so. For you.
May even award what vyb′em type "they were the first". And this is still only the beginning of the holiday. After a, otpev and otplâsav smoothly transitioning to the next phase.
3.3. Waiting in ambush.
The main thing in properly organized ambush-ability to wait and twitch.
When the first "counter partners, competitors, and so on and so on will run on the zaminirovannomu field-wait.
When the first "baby elephant" on your lovingly cooked mine-wait.
And when the heart jumps from the chest, arms and feet sweat away to the bank asking for money-wait. We do not for the sake of money? Or what?
3.4. areas located holiday.
And that's when the crowd "slonikov" gur′boj will rush on minefield-starts the main fun. The second part of the banquet is so far the following working title: "holiday meetings with representatives of the patent holder in particularly cynical judicial form".
And this too we (again in the broad sense of the word). I.e.: the Organization of meetings with the well dressed, nice and expensive smelling, rigid and very expensive men (this on lawyers), suits, cassation courts different instances, analysis of jurisdictions, inter-via-(this is especially important not always all legal nuances strictly marry head, hopefully understand I) string read laws, etc., etc.
The longing, routine and vanity. But. We did it. And it is nice.
Now all together go to the cashier. But we are not for the sake of money, right? We, however, for the sake of it-life on Earth. And for attempting to zamarat′ the honour and simple Director normal rural Russian school.
3.5. and all?
And at such a sad note holiday ends? Of course, no. Here starts quite different, not less, and where the more hilarious holiday. Like mice in the case of the extracted Nork fair battle slices of cheese or as financier-speculator derivatives: cool, but not very clear and not much seen, if you are not inside the Festival, and from the outside.
But more on that later.
Because this second feast (I don't want to offend nor anyone and so without hints) for people of cheerful, mischievous, wise, but LACKING, i.e. for ... and not for. .. For you, of course, but for anyone else, as you yourself not learned?

4. FAQ and RTFM

4.1. where the miniruem in the first place?
The wrong question-path to nowhere, and the right already contains 101% correct answer.
No first and second freshness. Work on our simple, without attempts: how "Katyusha" or "town"-i.e. squares. As much as possible. Here is a true slogan project: regularly and squares, without breaks and spaces without umstvovanij and samokopanij.
Miniruem: perspective and not very much, where soon everything will go and dark out the corners (this is the most tasty in this project: world fame, publicity and stunning success live here), the most important thing is not to leave an empty space, which would supposedly intelligent imprudent as competitor, former hero pozavčerašnego days or else some unexpected random passenger our train.
Guess "that" never even try, mozžečëk yourself without confusing rasšataete, becoming as financial broker-something with eternally burning eyes, torčaŝimi strain hair with dumb question on the lips about today's quotations on the Exchange. Correctly said Sage: "want laughing God-predskaži future".
We people simple, taktikam-strategies not trained.
Charge and tarry, charge and tarry, charge and wait-everything is simple, doesn't it?
4.2. What if I want another patentopoverennogo?
Without question. Choose, PSPR-it doesn't only.
No, of course, it only, but in its unique way. But the choice is wide as an ocean in the tide.
You can immediately go to profile a random lawyer and formalize their rights for the future, though. But better-first hard hard think this thinking for us personally. Hurt this subtle case, trust, somewhere even places intimate.
Lawyers and attorneys choose as wife-once and for all. Even more thoroughly. Not every can cause average wife you damage in such amounts as may, when transposed to the trustee.
Among them there are occasionally some where else yet very bad people who combine the stated with disguised and much more profitable hobby. It Looks something like this. To refuse or delay, and at this time to all or to oneself, or resell right, more precisely-all right,-abroad, where did not immediately information priplyvet back. Such (hopefully) minority, but they also have to deal with them only transparency and systematic systematic verification of the quality of their services system. Check out this fighter invisible front for proffi-easy, there are ways and methods and technology, common sense and logic. Important do not skip the verification process itself, do not run and provide (1), and also to remember that security is a process, not the result of (2).
Favorite English proverb in theme: "If You cheat at first time, let it be him shame if second-ashamed to be you".
And here is our native: "If a third husband again you has a person, not the spouses face" or "for one broken two dead give" and here is another "law that pole where turned something and came out"-although perhaps extra, we again about sad, though.
4.3. you all seriously?
In the first place. The President said-Nada, raise your hand, who is against.
The President of the Russian Federation and Commander-in-Chief (for conscripts and/or Corps), Mr. Vladimir v. Putin, passing on India, saw their Banglador, obozrel, understood, and, naturally, has put before us all sud′bonosnuû task: catching up with Indian programmers. He Can, of course, you and not decree and the criminal code in original you haven't read, but we the people are simple and the soldiers were. Said to mean.
Us Homeland to serve as program write: goes just naturally and without special effects for both parties. And the third party so that either just not notice or does not express the feeling of appreciation welling up feelings within normative vocabulary. Yes, you honestly admit that sometimes implementation we have not really, but ideas, ideas here and they are beautiful and pure white. Nothing is so great an idea how toroplivaâ and low-budget implementation in atrocious conditions Russian tax and accounting policies.
But once our fathers could afford covered in 4 years, and we are not podkačaem in part performing zeal and easily vyprygnem of pants.
So, take pre-emptive counter obligations in case of power hits the other representatives of the authorities of Stanford, Berkeley, MIT, and Silicon Valley):-do not encode our specifications, and invent their and patenting;-not Indian and American and European;-not catch up and overtake;-and so to forever, that we have as the horizon line: something wonderful and distant.
And yet so that no longer gonâlis′ more for our family pirates remove much of the tension between the niŝenskoj earnings pension grant benefits), rich State and characteristics of the 21st century, and promptitude as perception of legal consequences from our rapidly growing awareness and neumerenno enthusiastic attitude to copyright and related rights, in which why and some unearthly joy was moved paradigm of property law. It you have in the material world, offline, if you gave an Apple, then you are no more, and we're online-giving away (and money), and you are not lost. Just some eternal machine printing money with eternal consumables.
Can someone here though as something we would seriously, not under "camera or microphone? There's already think and how they think, and don't just think, but also do.
P. s. and at the same time, after reflection, can we remove those 3 most shameful finally (hacker) articles of the criminal code? (the atomic weapons, chemical and bacteriological do, actually, and soft-no? And as Home to defend in the 21st century? comical and a bit naive tanks-guns-planes? Or still implemented crazy ideas? for Russian children (each correct hacker's soul child) Russian zone-not the right place.
In the second. Most seriously.
The word "game" is not pridirajtes′, used in the sense of "playing the beads" (this is already almost term such:)). Yes indeed, not all the same us life includes build pisûkov and prepiratel′stvom with lamerami and promyšlât′ users. We must think about it-soul. And remember how sad the Poet: "people are unnecessary, people occupied Earth".
This at first until tool in hand is not formed, it seems that the most difficult to think and do. And then, after x-acati projects when successful pulled, not successful the sginulo begins the process of gradual enlightenment: a lot of software-conceived before himself do immediately to give away for free-Toad choking and sit the treasure chests printed word: it's not inconceivable, not people. It is noteworthy that sit in sadness, instead of "joy" that doesn't go into any gate.

4.4. how many wait money?
This is a legitimate question and he often those who tried to through the Russian court of complicity with our family lawyers win it and get a refund pay us up front. Professionals-sutâžniki know that everything is not easy and fast. But since we don't all 100% of the amount claimed, can exploit this typical financial service as factoring, i.e. assign their rights to non-cash then for cash now. This way you can and want to practice before the Court (here simply telling you the amount will be earning the money). And in fact, our business-invent, create matter out of nothing, and let the professional lawyers are fighting each other, they share their bread. Do our lawyers worse "their"?
Don't believe it. If we are the best, and they are the best: we walked into one kindergarten, one pot sitting. And if they just unlucky with profession (creativity, and accordingly, potential money less), our direct responsibility to assist them (and yourself) by creating for them many many new jobs and opportunities. And potrenirovavšis′ here, mahnem with them back to where it all started. This will be a worthy end of our common holiday (programmer and lawyer friends forever, it you don't Faust Goethe, here an award, and can itself an already samocenen and mnogoobeŝaûŝ?).

5. For gavage those "not"

Microsoft will pay gvatemal′cu almost nine million dollars.
08 June 2005. The Court of the State of California found Microsoft guilty of patent infringement issued developer from Guatemala Carlos Armando Amado in 1994. The patent in question contains a description of the technology information exchange between programs to work with spreadsheets, Microsoft Excel and Microsoft Access databases. An application for a patent for his invention Carlos Armando Amado resigned in 1990, as a graduate student at Stanford University. Later programmer tried to sell technology softvernomu giant, but negotiations between the parties failed. About three weeks ago a Guatemalan addressed the Court, saying that Microsoft illegally patented methodology in different versions of Ascess, in particular Acess 95, 97, 2000. As compensation the plaintiff demanded payment by two dollars for every copy of the software products containing copyrighted technology. After considering the arguments of the parties, Judge David Carter acknowledged the software giant guilty and ordered to pay the Carlos Armando Amado compensation in the amount of USD 8.9 million. In addition, the Court will detect the need for additional payments from Microsoft.
And such notes-swarm, read not Recalculate.
And if only trivia, and if big?

6. about dreams and grëzah

Of course I dream about it more, inter alia, that the favorite State or big business will share in the project and will provide an opportunity to make patents anyone have any ideas. And at home, and pro stock and fund future generations. Something similar was in the Soviet times when every strong entity could become the intellectual property owner or a co-owner. And expenses were attributed, and legislation, as it allowed its granite, mastering for a reasonable period of time.
In addition, there are many infrastructural joys: Yes and one only database registered umnikov and umnic-already.
And let investor, logging in proportion, takes the 100, 200, 500% in the capital, here is a veritable trifle, here the triumph of arithmetic other, large numbers.
We in fact than mad rich? Hydrocarbons and ideas. Hydrocarbons (thank God) began to be ashamed of, but for them (the opposing) and pipelines, and ports, and tankers. While the ideas are proud, but for them-Shish fasting butter and salary is less than the subsistence level. And post-industrial society like finishes its genesis in favor of the knowledge economy. And knowledge, ideas with us-èksportiruj not pereèksportirueš′. Here is are there, where we are: according to and calendars like in one place, and for-all in another. More precisely, there are like and start some cases (such as nanotechnology), but what exactly do not do State and officials so they climb in science nor in the economy. Infrastrukturno, institutionally-this please, this is any, the field is not pahannoe. And steer scientists, it's like to go into the cabin pilot and start there with the go to command. The discomfiture can priklûčit′sâ.
The USSR Was true experience and quite successful, still under the nuclear shield prâčemsâ, but the experience of neperenosim, as had a terrible war, šaraški, motiviruûšij effect of parole, 12-16-working day and, of course, the famous "for the power of shame".
From nostalgia and fantasies of inquiries into the past back to our paraReal′nym grëzam. And if you try it? The gaming mode, the pilot project, ponarošku, no money-only under warranty?

7. about business

If too seriously, but we (trade unions, guilds and associations) here the main, we merely institutional framework, the basis of such projects. Main one: mutual understanding, friendship, and maybe even love between the Bank, insurance company, factoring company, and of course, especially lawyers, but only those lawyers who do not sit and wait for the client and boldly kreatiruût, making client that come up under the arm, including one of us. A handsome pool of such not lazy and express on the head and decisions organizations can, if not at all.
Therefore: white-collar workers pens and paper-unite! And would you happiness. Oh and business, of course. Good business.

(c) Pavlov V.N.

Last Updated on Thursday, 05 July 2012 17:29