On Sun, 2010-10-10 at 01:39 -0700, Mario Fusco wrote:
> Oh well, even linked lists have been patented only 4 years ago:
> 
> http://www.google.com/patents?id=Szh4AAAAEBAJ&printsec=abstract&zoom=4#v=onepage&q&f=false
> 
> Maybe my memories is not serving me well, but I remember I was using
> them a bit earlier than that :-)

Ah but note he explicitly says it is different from the prior art as the
number of pointers is not restricted to one (singly linked list) or two
(doubly linked list), but is extended to providing multiple arbitrary
traversals through data.

The fact that this is "obvious" clearly doesn't matter to USPTO in line
with their policy of granting everything and allowing the patent lawyers
to make lots of money not only from the filings but also fromt he
subsequent law suits required to sort out the mess granting such patents
creates.

What was clearly not obvious to the patent claimant was that there is
huge amounts of prior art for this invention -- even I was teaching this
sort of technique to undergraduates from 1987 onwards.  Of course it
seems "prior art" is as important to the USPTO as "obviousness".  i.e
this is proof that they grant first and ask questions later.  A truly
broken system. 

> I am serious now: I am not an expert but I suppose that patents in
> Europe are granted with a different politics. Does not exist the
> concept of "prior-art" in USA?

Funny you should mention politics, it is really a question of whether
"big money" can convince the various governments to do what is good for
"big money" and the hoards of lawyers that can feed of the system.  Any
and all pretence that patents are to help the "small guy" are now surely
blown out of the water. 

At least to date the UK Patent Office has carefully vetted most patent
applications for "obviousness" and "prior art".  As with any system some
dross slips through.  The EU Patent Office is seemingly less careful and
more in the pockets of "big money".

 
-- 
Russel.
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Dr Russel Winder      t: +44 20 7585 2200   voip: sip:[email protected]
41 Buckmaster Road    m: +44 7770 465 077   xmpp: [email protected]
London SW11 1EN, UK   w: www.russel.org.uk  skype: russel_winder

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