Andrew (Gabriel) Livshits, Jaroslav Vashchuk
The history of cross-patent lawsuits in recent years between the companies of high technology makes recheck imagine common in large companies formed the creation of inventions, which are then, these companies seek patent
So who today in companies invented, so to speak on business need, or as part of their regular duties from the production?
As a rule, all production units which manufacture the product is outside of the company and are, at best, in enterprises or subcontractors, which unfortunately today is typical in China
That is, in the company of the obligation to invent lies mainly on programmers, analysts at different levels and opportunities, but not on mechanical engineers or electrical engineers , which in the state of these companies simply do not, under the current structure of the company, they just do not need it - they needed in companies which manufacture is present
That is to say that the ideas of new products successfully generated, but not in the form of technical solutions, as well as an abstract algorithm, a mathematical model, finally the program, and it all has a very distant relationship to classical technical solutions that can be the base for future inventions
Commerce can not stand still and naturally claimed thousands of patent applications that have nothing to do with the invention, as neither explicitly nor implicitly they contain nothing comparable to a full technical solution
Loose definitions and almost no obvious cause-and-effect relationships, incompleteness lead to solutions that are inferior solutions are perceived as abstract
Not only because in most cases refers to the means and methods of mobile and tablet computers, to distinguish one from the other is very difficult, but not impossible in principle
Here, we think the main role is to play a clear and unbiased patent legislation that does not allow compromise
Practice shows that loopholes and discrepancies in the legislation, a compromise with non-mechanical and electro-mechanical inventions basic content should be excluded by law
Today, unfortunately, invent (in quotes) mostly lawyers, who are considering a patent as a means of pressure on rivals
Corporation Google, Facebook social network and six companies were opposed to IT-patents, which cover the "abstract ideas", reports TechCrunch. The Company believes that such patents are a threat to the technological progress.
Companies offer considered ineligible patents and patent applications, which, first, tell us about "the idea of a high degree of generalization," and, secondly, not tell you how this idea can be realized in practice. Pat says only that the development can be used "in the computer" or "Internet."
If someone will figure out how to make "abstract idea" in life, that patent holders could sue him in court for violation of their rights. Such a system "slows down and does not promote technical progress," the company, as the rights "granted to those who did not offer any significant innovations."
Signs of abusive patents eight companies allied described in the expert opinion, which was sent to the U.S. Court of Appeals on Friday, December 7. Court to reject the proposed actions, which involve patents with "abstract ideas."
The reason for drawing up the report was the battle between the two financial companies - Alice Corp. and CLS. At issue is a "data processing system of exchange of bonds between the parties", which has patented Alice Corp. According to Google, Facebook and other companies in the signatory, the system is classified as "abstract idea."
Representatives of Google and previously criticized the U.S. patent laws. In the summer of 2011 Google announced that Microsoft, Apple and Oracle are trying to crush the Android OS with patent lawsuits. Then the chief lawyer, David Drummond (David Drummond) called patents "weapon against innovation."
Unfortunately lawyers fight diverts considerable resources, which is deducted from the real inventors
Corporation Microsoft, Apple and Oracle organized campaign against Android, which aims to force prices to devices on the platform. This was announced by Google Chief Legal Officer David Drummond (David Drummond) in the company's official blog.
The main weapon used by companies in the fight against Android, Drummond calls patents. In his opinion, the tactics Microsoft, Apple and Oracle and other companies is to catch Google in patent infringement and force device manufacturers to pay royalties on Android patent holders.
Examples Drummond leads Microsoft and Apple claims the companies Samsung, Barnes & Noble, HTC and Motorola. In all of these claims at issue are devices based on Android. Google chief lawyer also notes that Apple and Microsoft have decided to participate in the purchase of Novell patents and Nortel to these patents do not go to Google.
"Patents - said Drummond in the post - have been devised in order to encourage innovation, but now they are, however, serve as a weapon against them."
Drummond said that Google intends to protect the platform Android. The Company welcomes the news that the circumstances of purchase Nortel patents attracted the attention of U.S. antitrust regulators. In addition, Google is planning to increase its own patent portfolio, said Drummond. Recall that in July, the company acquired a package of more than 1,000 patents from IBM.
Against this totally negative information look promising as a message from high-tech companies, but companies do not have arisen on the Internet or in social networks
These companies have created an invention based on classical principles, which they guided the creation of inventions before the creation of the Internet and social networking
These companies are not going with someone to fight for recognition or non-recognition of their patents, they're just going to make its innovative products and market participants in patent litigation on both sides
Here are some examples of such inventions
IBM's engineers have managed to create a set of devices in which electrical and optical transmission method is integrated into a single chip, manufactured on a standard CMOS technology. The announcement was published on the website IBM, and the details of the authors promise to present at the conference IEDM-2012.
Among the devices that have developed IBM, multiplexers that send electronic signals to optical on different wavelengths, detectors, the inverse problem and the various modulators. All of them are in the form of an integrated circuit, and not the individual components.
One of the devices supplied - transceiver that transmits information on the optical channel at a rate of 25 gigabits per second per channel. The device is able to send multiple data streams into a single optical channel by using light of different frequencies.
In 2010, IBM already reported on progress in develop nano-optical devices. Main task of the engineers managed to solve this time, was to be used for the production of the existing technology of silicon microchips.
So, all the submitted samples are made to the standard (and, when it comes to microprocessors, even is a little outdated) 90-nanometer production method.
Earlier, another group of engineers presented microscopic silicon swirling light source, which is believed to scientists, can be used for even faster data in computers.
Similar examples can be made for other companies in the field of patents on the classical model and the principles of
In conclusion I would like to offer our understanding of the formation of a technical solution, which becomes the basis of the present invention
Since the main features of the components occur in complex integrative product, cause and effect must be found in the adaptation and integration of innovative components in this product
Since it can be assumed that the same components can be used in other products, most likely will get the patent, who first used this component