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Living Room / EFF's "Stupid Patent of the Month" raises awareness, shames patent trolls
« on: August 10, 2014, 04:28 PM »We wish we could catalog them all, but with tens of thousands of low-quality software patents issuing every year, we don’t have the time or resources to undertake that task.
But in an effort to highlight the problem of stupid patents, we’re introducing a new blog series, Stupid Patent of the Month, featuring spectacularly dumb patents that have been recently issued or asserted.
Their first example:
U.S. Patent No. 8,762,173, titled “Method and Apparatus for Indirect Medical Consultation.”:-\
...
a. take a telephone call from patient
b. record patient info in a patient file
c. send patient information to a doctor, ask the doctor if she wants to talk to the patient
d. call the patient back and transfer the call to the doctor
e. record the call
f. add the recorded call to the patient file and send to doctor
g. do steps a. – f. with a computer.
...
What we found was that the original claim 1 (which was similar but not identical to the claim that eventually was patented) had not claimed a computer.
The examiner correctly issued a rejection, saying the claim was abstract and thus wasn’t something that could be patented. In response, the applicant added element (g) (“providing a computer, the computer performing steps “a” through “f””). And the rejection went away.
Somehow, something that wasn’t patentable became patentable just by saying “do it with a computer."
from aGupieWare Blog