IBM is trying to patent patent trolling
IBM has been trying to get an amazing patent (which, by the way, has been the world leader in the number of patents awarded for many years). Patent application no. 20070244837 describes “a system and methods for deriving benefits from a portfolio of assets, for example, a portfolio of patents”. The system is that the patent holder has the right to give some of his patents for a “temporary lease” to a partner company, which will profit from them in various ways. For example, knocking out fines and royalties from those companies that violate these patents. In general, a partner company may engage in typical patent trolling . And IBM is trying to patent it.
It is terrible to imagine what can happen if this patent is really given out. Some patent trolls will start to judge other patent trolls for infringing a patent for patent trolling? This is Armageddon of some kind.
To the credit of the US Patent Office, one must admit that they are not going to issue this absurd patent to IBM. As can be seen in the application, it was filed on October 18, 2007 and is still not satisfied. If you go to a special section of the Transaction History and enter the number 11 / 696,104, then you can see the history of decision making on this application.
04-03-2007 Initial Exam Team nn
04-07-2007 IFW Scan & PACR Auto Security Review
04-12-2007 Cleared by OIPE CSR
04-19-2007 Notice Mailed - Application Incomplete - Filing Date Assigned
05-16-2007 Sent to Classification Contractor
05-16-2007 Application Is Now Complete
05-10-2007 Additional Application Filing Fees
05-10-2007 A statement of one or more inventors satisfying the requirement of 35 USC 115, Oath of the Applic
08-07-2007 Application Dispatched from OIPE
10-16-2007 Flagged for 5/25
10-17-2007 Withdraw Flagged for 5/25
10-18-2007 PG Pub Issue Notification
12-20-2007 Information Disclosure Statement considered
12-20-2007 Information Disclosure Statement (IDS) Filed
12-20-2007 Information Disclosure Statement (IDS) Filed
09-29-2008 Case Docketed to Examiner in GAU
02-10-2009 Non-Final Rejection
02-11-2009 Mail Non-Final Rejection
05-11-2009 Response after Non-Final Action
06-29-2009 Date Forwarded to Examiner
08-31-2009 Final Rejection
09-02-2009 Mail Final Rejection (PTOL - 326)
10-06-2009 Case Docketed to Examiner in GAU
12-29-2009 Examiner Interview Summary Record (PTOL - 413)
01-02-2010 Miscellaneous Communication to Applicant - No Action Count
01-04-2010 Mail Miscellaneous Communication to Applicant
02-26-2010 Non-Final Rejection
02-26-2010 Mail Notice of Withdrawn Action
02-26-2010 Date Forwarded to Examiner
02-26-2010 Withdrawing / Vacating Office Action Letter
03-01-2010 Mail Non-Final Rejection
07-01-2010 Response after Non-Final Action
07-01-2010 Request for Extension of Time - Granted
07-07-2010 Date Forwarded to Examiner
09-13-2010 Final Rejection
09-15-2010 Mail Final Rejection (PTOL - 326)
12-10-2010 Amendment after Final Rejection
12-12-2010 Date Forwarded to Examiner
12-14-2010 Mail Advisory Action (PTOL - 303)
12-14-2010 Advisory Action (PTOL-303)
01-18-2011 Request for Pre-Appeal Conference Filed
01-18-2011 Notice of Appeal Filed
01-18-2011 Request for Extension of Time - Granted
02-25-2011 Pre-Appeals Conference Decision - Proceed to BPAI
02-28-2011 Mail Appeals conf. Proceed to BPAI
03-28-2011 Request for Continued Examination (RCE)
03-28-2011 Workflow - Request for RCE - Begin
06-20-2011 Non-Final Rejection
06-21-2011 Office Action Review
06-21-2011 Office Action Review
06-24-2011 Mail Non-Final Rejection
06-12-2011 Date Forwarded to Examiner
06-12-2011 Disposal for a RCE / CPA / R129
')
If briefly retell, the patent office examined the patent application and issued the first non-final waiver on February 10, 2009. IBM responded on May 11, 2009, followed by a final failure on August 31, 2009. IBM then sent a request to revoke its response of May 11, 2009, and instead of it, on July 1, 2010, issued an answer to the non-final refusal of February 10, 2009. After that, the patent office published a new final waiver on September 13, 2010. IBM requested an extension of the processing time and on December 10, 2010 made an amendment to its patent application, on January 18, 2011, it again requested an extension of consideration time, after which on February 25, 2011 filed an appeal for the final refusal of September 13, 2010 to the Appeals Committee.
A month ago, that is, on June 20, 2011, the Committee issued a non-final refusal. The story ends for now.
Obviously, in a few months IBM will respond to this “inconclusive” refusal (it’s foolish to give up right away, right?) And the matter will be reconsidered. As they say, to be continued ...
It is terrible to imagine what can happen if this patent is really given out. Some patent trolls will start to judge other patent trolls for infringing a patent for patent trolling? This is Armageddon of some kind.
To the credit of the US Patent Office, one must admit that they are not going to issue this absurd patent to IBM. As can be seen in the application, it was filed on October 18, 2007 and is still not satisfied. If you go to a special section of the Transaction History and enter the number 11 / 696,104, then you can see the history of decision making on this application.
04-03-2007 Initial Exam Team nn
04-07-2007 IFW Scan & PACR Auto Security Review
04-12-2007 Cleared by OIPE CSR
04-19-2007 Notice Mailed - Application Incomplete - Filing Date Assigned
05-16-2007 Sent to Classification Contractor
05-16-2007 Application Is Now Complete
05-10-2007 Additional Application Filing Fees
05-10-2007 A statement of one or more inventors satisfying the requirement of 35 USC 115, Oath of the Applic
08-07-2007 Application Dispatched from OIPE
10-16-2007 Flagged for 5/25
10-17-2007 Withdraw Flagged for 5/25
10-18-2007 PG Pub Issue Notification
12-20-2007 Information Disclosure Statement considered
12-20-2007 Information Disclosure Statement (IDS) Filed
12-20-2007 Information Disclosure Statement (IDS) Filed
09-29-2008 Case Docketed to Examiner in GAU
02-10-2009 Non-Final Rejection
02-11-2009 Mail Non-Final Rejection
05-11-2009 Response after Non-Final Action
06-29-2009 Date Forwarded to Examiner
08-31-2009 Final Rejection
09-02-2009 Mail Final Rejection (PTOL - 326)
10-06-2009 Case Docketed to Examiner in GAU
12-29-2009 Examiner Interview Summary Record (PTOL - 413)
01-02-2010 Miscellaneous Communication to Applicant - No Action Count
01-04-2010 Mail Miscellaneous Communication to Applicant
02-26-2010 Non-Final Rejection
02-26-2010 Mail Notice of Withdrawn Action
02-26-2010 Date Forwarded to Examiner
02-26-2010 Withdrawing / Vacating Office Action Letter
03-01-2010 Mail Non-Final Rejection
07-01-2010 Response after Non-Final Action
07-01-2010 Request for Extension of Time - Granted
07-07-2010 Date Forwarded to Examiner
09-13-2010 Final Rejection
09-15-2010 Mail Final Rejection (PTOL - 326)
12-10-2010 Amendment after Final Rejection
12-12-2010 Date Forwarded to Examiner
12-14-2010 Mail Advisory Action (PTOL - 303)
12-14-2010 Advisory Action (PTOL-303)
01-18-2011 Request for Pre-Appeal Conference Filed
01-18-2011 Notice of Appeal Filed
01-18-2011 Request for Extension of Time - Granted
02-25-2011 Pre-Appeals Conference Decision - Proceed to BPAI
02-28-2011 Mail Appeals conf. Proceed to BPAI
03-28-2011 Request for Continued Examination (RCE)
03-28-2011 Workflow - Request for RCE - Begin
06-20-2011 Non-Final Rejection
06-21-2011 Office Action Review
06-21-2011 Office Action Review
06-24-2011 Mail Non-Final Rejection
06-12-2011 Date Forwarded to Examiner
06-12-2011 Disposal for a RCE / CPA / R129
')
If briefly retell, the patent office examined the patent application and issued the first non-final waiver on February 10, 2009. IBM responded on May 11, 2009, followed by a final failure on August 31, 2009. IBM then sent a request to revoke its response of May 11, 2009, and instead of it, on July 1, 2010, issued an answer to the non-final refusal of February 10, 2009. After that, the patent office published a new final waiver on September 13, 2010. IBM requested an extension of the processing time and on December 10, 2010 made an amendment to its patent application, on January 18, 2011, it again requested an extension of consideration time, after which on February 25, 2011 filed an appeal for the final refusal of September 13, 2010 to the Appeals Committee.
A month ago, that is, on June 20, 2011, the Committee issued a non-final refusal. The story ends for now.
Obviously, in a few months IBM will respond to this “inconclusive” refusal (it’s foolish to give up right away, right?) And the matter will be reconsidered. As they say, to be continued ...
Source: https://habr.com/ru/post/124170/
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