Re: Patent

Joe (josepha48@yahoo.com)
Wed, 3 Nov 1999 14:31:29 -0800 (PST)


As a former Patent Examiner, I feel that I can shed some light
on patents. Someting to keep in mind when looking at them is
the claims. Claims are really the major part of a patent that
have any relevance.

Claims 1 and 11 are the independant claims and both of those
claims specifically state "A method of processing dates in a
database,..."

Does the linux kernel use a database? (retorical q here) I think
not .. thus this patent is irrelevant to what is being done in
kernel code.

However all the compaines that are using 'pivit logic' with
databases are at risk of possible infringement. Now even if you
have proof of this logic in the linux kernel one must prove that
it is obvious to use such logic within a database. Seeing as
just about eveyone in the industry uses this kind of logic in
there database apps, I'd say it was not rocket science but I am
not an attourney 'I have legs' (LOL).

Personally I am ammazed at what people today call novel and want
patent protection over. Companies want to patent there data
structures.. no joke a certain co in a certain northwest state
was and probably still is trying this. I had to leave that place
cause my waders were not tall enough.

So next patent you see read the claims carefully first and look
for the independant claims as they are the 'meat'. The rest of
the patent is there for clairification as to what the claims are
referring to and for the legal b******t that goes into patents.

Yes, I have lost faith in a system so widely abused!
Joe Acosta

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