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Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Date post: 30-Jun-2015
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Inventions are not always novel, non-obvious, and useful; sometimes, they are not even feasible. This presentation focuses on “silly patents” that were actually granted; it makes light of the otherwise serious process of obtaining a patent. When examining these patents, it is important to keep in mind the concepts of validity, prior art, enablement, obviousness, and common sense.
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DR. TAL LAVIAN HTTP://CS.BERKELEY.EDU/~TLAVIAN [email protected] UC BERKELEY ENGINEERING, CET Silly Patents
Transcript
Page 1: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

DR. TAL LAVIANHTTP://CS.BERKELEY.EDU/~TLAVIAN

[email protected] BERKELEY ENGINEERING, CET

Silly Patents

Page 2: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents

Inventions are not always novel, nonobvious, and useful

Sometimes, not even feasible and seemingly ridiculous

Today, we will focus on “silly patents” and make light of the otherwise serious process of obtaining a patent

The following patents were actually grantedPlease provide your insight to a class discussion

regarding: Validity, Prior Art, Enablement, Obviousness, and Common Sense.

Afterward, we will watch a video that focuses on software and business method patents, which some people consider just as silly

Page 3: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Method of exercising a cat (cont.)

Page 4: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Method for exercising a cat

US Patent No. 5,443,036“Method of exercising a cat”Claim 1: A method of inducing aerobic exercise in

an unrestrained cat comprising the steps of a directing an intense coherent beam of invisible light produced by a hand held laser apparatus to produce a bright highly focused pattern of light at the intersection of the beam and an opaque surface said pattern being of visual interest to a cat and selectively redirecting said beam out of the cat's immediate reach to induce said cat to run and chase said beam and pattern of light around an exercise area.

Page 5: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

US. 6,360,693“Animal Toy”

An apparatus for use as a toy by an animal, for example a dog, to either fetch carry or chew includes a main section with at least one protrusion extending therefrom that resembles a branch in appearance. The toy is formed of any of a number of materials including rubber, plastic, or wood including wood composites and is solid.

Page 6: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Pet toy (cont.)

Yes, this is the actual drawing from a granted patent.

Page 7: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Snore depressor (cont.)

Page 8: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Snore depressor

US Patent No. 3,480,010“Electronic Snore Depressor”Claim 1: An anti snore device comprising a flexible

neckband, means to secure the neckband around a person’s neck, sound-responsive means on the neckband, means to convert snore sound signals received by said sound-responsive means into corresponding audio-frequency periodic electrical Waves, means to generate a relatively high voltage responsive to the reception of said electrical waves, spaced electrode means connected to the output of said high-voltage-generating means, and means to hold said spaced electrode means in Contact with the person’s skin.

Page 9: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Snore depressor (cont.)

Abstract:An anti-snore device consisting of a neck

band to be worn by a sleeper. Neck band contains:

Microphone Transistor amplifier High voltage-producing transformer Supply battery Relay and spaced electrodes

Page 10: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Birthing aid

US Patent No. 3,216,423“Apparatus for Facilitating the Birth of a

Child by Centrifugal Force”Claim 1: Child delivery apparatus comprising

a centrifuge, means for supporting said centrifuge for rotational movement about a vertical axis, means for holding the patient’s body against dislodgement by the centrifugal forces created in such rotational movement…

Page 11: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Birthing aid (cont.)

Page 12: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Comb over method

US Patent No. 4,022,227“Method of Concealing Partial Baldness”Claim 1: A method of styling hair to cover

partial baldness using only the hair on a person's head. The hair styling requires dividing a person's hair into three sections and carefully folding one section over another.

Page 13: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Comb over method (cont.)

Again, this is from a real, granted patent.

Page 14: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

US 05536196Drinking Vessel with Sound Effects

 

...preferably a beer mug, includes a

sound- generating circuit in the base of the mug which

produces a "burping" sound

effect

Page 15: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

US 06161223Pants separable at crotch for style

mixing

 

Each leg is selected from a set of various

styles to flexibly create a custom mixed or matched style for a

given wearing of the pants.

Page 16: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

US 04605000Greenhouse Helmet

...worn completely over the head of a person so that the person can breathe in the oxygen given off by the plants.

Page 17: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

US 05971829Motorized ice cream cone

...for imparting rotation upon the cup and rotationally feeding its contents against a person's outstretched tongue.

Page 18: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

US 05104608Programmable Christmas Tree

 An artificial Christmas tree including a tree trunk extending from an aperture in an upper wall of a hollow tree base and having a plurality of optical fibers extending internally from the aperture in the base to light emitting points within simulated tree branches attached to the tree trunk by hinged tubular branch connectors. The base includes a light source and a removable cartridge-like disc holding tray for holding and rotating an infinite number of different selected user programmable colored discs between the light source and the optical fibers to create an infinite number of user created light displays within the tree.

Page 19: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

US 6,368,227METHOD OF SWINGING ON A SWING

Abstract: A method of swing on a swing is disclosed, in which a user positioned on a standard swing suspended by two chains from a substantially horizontal tree branch induces side to side motion by pulling alternately on one chain and then the other.

Page 20: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

US 6,368,227 METHOD OF SWINGING ON A SWING

1. A method of swinging on a swing, the method comprisingthe steps of:a) suspending a seat for supporting a user between only two chains that are hung from a tree branch;b) positioning a user on the seat so that the user is facinga direction perpendicular to the tree branch;c) having the user pull alternately on one chain to induce movement of the user and the swing toward one side,and then on the other chain to induce movement of theuser and the swing toward the other side; andd) repeating step c) to create side-to-side swingingmotion, relative to the user, that is parallel to the treebranch.

Page 21: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

US 06025810Hyper-light-speed antenna

A method to transmit and receive electromagnetic waves .... sending the signal at a speed faster than light.

Page 22: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Patent Absurdity (video)

Page 23: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Silly Patents –Patent Absurdity (video)

What are your thoughts? Should business method patents be allowed? What about Amazon One-Click patent? Should mathematical formulae be patentable if put to

perhaps interesting use (eHarmony)?

Page 24: Examples of Silly Patents--Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense

Summary

Inventions are not always novel, nonobvious, and useful

Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense in the context of software and business method patents


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