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Article:
  O'Reilly Awards $10,000 1-Click Bounty to Three "Runners Up"
Subject:   The Good Fight
Date:   2006-11-01 03:09:36
From:   AndrewHS
Response to: The Good Fight

William Stackpole and Tim O'Reilly


Thanks for your serious attempt, in 2001-3, to help BountyQuest challenge bad patents.


I'm actively studying the patent conflicts connected with a silicon sensor which we [a small development team] wish to market. My present drudgery job is re-reading all the claims in existing patents in this area. Stackpole's statement ... "it seems all is needed to patent anything these days is a healthy dose of khutzpa, and a good lawyer. " ... is ringing VERY true in my ears today. Although my product is an electronic device not a business method, we have in common a huge frustration with patent examiners who let through many commonsense but not original techniques as patentable inventions when they are not.


There have been some serious debates between electrical engineers [see e.g. IEEE Spectrum "Patent Absurdity" August2002 pp48-9] and people like you,O'Reilly and Bounty Quest . Has that had any influence on courts or the attitude of patent lawyers as of 2006 ?


The answer to that question will influence what I do next with one brain-child. So I look forward to an update and airing on O'Reilly and elsewhere.


Andrew Holmes-Siedle, Oxford UK
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  • Tim O'Reilly photo The Good Fight
    2006-11-01 07:36:50  Tim O'Reilly [Reply | View]

    I think we successfully raised some awareness of the problem at the patent office, but no real change. Ultimately, the pro-patent lobbies are still in there every day. That's what I learned about Washington. It spits out concerned citizens. They don't pay the same kind of attention to you, because they know you won't be back, like the paid lobbyists will.

    And frankly, as long as they say to themselves "if this is a bad patent, it will be discovered in court," they aren't really going to improve things.

    There are a lot of smart, knowledgeable patent lawyers who do get it, though.

    FWIW, a lot of people don't do what you do-- read the existing patent claims. "Don't ask, Don't Tell." is the mantra. If they read them, they couldn't file their own stupid patent.

    Best of luck.