… a company called CREOpoint that claims it has patented “Containing the Spread of Disinformation” and that it was now using it to “help contain the spread of COVID-19 disinformation.” Would that it were so, but that’s not how any of this works. Tellingly, the press release does not provide the patent number of any of the details about the patent — which should probably be your first sign that it’s utterly bogus. However, with a little sleuthing I was able to turn up the patent application… and it confirms that this is a ridiculous patent that never should have been approved. The official title is “Containing Disinformation Spread Using Customizable Intelligence Channels.”
In some fields, software bugs are more than the proverbial pain in the neck. When software has to ensure that an airplane lands safely, or that a pacemaker keeps operating, there’s no room for error.The idea that mathematical proofs could be used to prove that software is error-free has been around since the 1970s, and is known as “formal verification.” But like a lot of technologies that some visionaries saw coming, it took time to develop. In recent years, computing power has become cheap enough for formal verification to become practical for more software applications.Unfortunately, last month, the field had a monkey wrench thrown into it, in the form of U.S. Patent No. 10,109,010, which the patent office awarded to a U.K.-based company called Aesthetic Integration Ltd.
Have you ever sent a motivational text to a friend? If you have, perhaps you tailored your message to an activity or location by saying “Good luck in the race!” or “Have fun in New York!” Now, imagine doing this automatically with a compuuuter. What a great invention. Actually, no. That’s not a good invention, it’s our latest Stupid Patent of the Month.
On August 29, 2017, the Patent Office issued U.S. Patent No. 9,747,468 (the ’468 patent) to JP Morgan Chase Bank, titled “System and Method for Communication Among Mobile Applications.” The patent covers the simple idea of a user giving a mobile application permission to communicate with another application. This idea was obvious when JP Morgan applied for the patent in June 2013. Even worse, it had already been implemented by numerous mobile applications. The Patent Office handed out a broad software monopoly while ignoring both common sense and the real world.
This month’s stupid patent, like many stupid patents before it, simply claims the idea of using a computer for basic calculations. U.S. Patent No. 6,817,863 (the ’863 patent) is titled “Computer program, method, and system for monitoring nutrition content of consumables and for facilitating menu planning.” It claims the process of using a computer to track nutrition information like calorie or vitamin intake. It is difficult to think of a more basic and trivial use for a computer.The ’863 patent is owned by a patent troll called Dynamic Nutrition Information, LLC. Dynamic Nutrition filed a lawsuit this month in the Eastern District of Texas accusing Australian company Fatsecret of infringing the ’863 patent. Dynamic Nutrition had filed four other lawsuits. Consistent with a pattern of nuisance litigation, each of those earlier suits settled very quickly.
This month’s stupid patent, a design patent, shows just how broken the current system of design patents is. Design patents, unlike the utility patents we usually feature, consist only of a single claim followed by pictures. It is generally the pictures that inform the public as to what is claimed. Importantly, in a design patent only the features drawn in solid lines are claimed. Anything in dotted lines is generally not part of the claim.U.S. Patent D767,583, issued on September 27, 2016, is a patent on a design for a “display screen portion with graphical user interface.” Here, the claim is to “the ornamental design for a display screen portion with graphical user interface, as shown and described.” As most design patent owners do, the patent also makes clear that “the broken line showing of the display screen in the figure forms no part of the claimed design.” Below is the sole picture from the patent showing the patented design:
On August 30, 2016, the Patent Office issued U.S. Patent No. 9,430,468, titled; “Online peer review and method.” The owner of this patent is none other than Elsevier, the giant academic publisher. When it first applied for the patent, Elsevier sought very broad claims that could have covered a wide range of online peer review. Fortunately, by the time the patent actually issued, its claims had been narrowed significantly. So, as a practical matter, the patent will be difficult to enforce. But we still think the patent is stupid, invalid, and an indictment of the system.