http://www.theregister.co.uk/content/4/29627.html

Gateway in 'preference file' patent puzzle
By Andrew Orlowski in San Francisco
Posted: 07/03/2003 at 08:19 GMT


Proof that the US Department of Commerce employs robots to research
patent applications finally emerged this week. 

On Monday, Gateway was granted a Patent that covers the handling and
merging of users' preference files. Patent 6,530,083 is pretty broad
ranging, encompassing "convergent television/computer systems as well as
television systems, audio systems, video systems, or the like" as well as
PCs, and not only snares well know .INI file or registry settings but
cookies too. 

So is this another "mad patent" story that you're getting kind of weary
of now? (We've had Microsoft and Apple in recent days). 

Not quite. 

What's really interesting about this patent, which was filed in 1998, is
how it ever got granted. The patent cites one previous example of prior
art, here which also discusses "profiles". 

Only they're not user preference profiles at all, but application
execution "profiles" and the two have nothing in common whatsoever.
Execution profiles are an application's "footprint": what resources it's
using and when. The patent cited here as prior art discusses debugging
techniques. 

Which provides proof of AI intervention. A diligent human researcher
would have discovered the debug patent discussing "profiles" and rejected
it, or at least excluded it from the list of Prior Art. But the USPTO
didn't. 

Some believe all patents are inherently evil, while many others accept
them as a commercial necessity that protects an inventor for a limited
time. If that's the case, then the only conclusion is that the US
Department of Commerce urgently needs to spend more money on better staff
to maintain the integrity of the patent system. It needs to and fast, for
the system appears to have fallen into irretrievable disrepute. If you
believe that inventions may be commercialized, you need to pay for a
credible regulator. 

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