14 thoughts on “Rejecting Alice

  1. Is there any factual basis for this cartoon? I like software patents too, and that’s exactly why I want a more effective Alice-like filter at the USPTO. Presumably, since the PTO does not control the law or the courts, the invalidity rate for software patents will go down only if the PTO allowance rate for software-related patent applications also goes down. Alice has been a good mechanism for accomplishing that at the USPTO.

    1. You presume that some “high invalidity rate” is in fact proper.

      That’s a lot like saying that you don’t mind the fact that the scoreboard (which is broken) is what you reference when wanting to know what the actual score is.

      You start in error, so you will end in error.

      No thanks.

      1. You get that from 18 plaintiff and 40 defendant cases? High-level courts are as close as we can come to knowing what the “proper” interpretation of the law is. If they, as independent high-level decision-makers, invalidate about 75% of software-related patent claims, that’s a pretty good sign that the USPTO’s allowance rates are too high for software-related innovation. I would love to know where you get your understanding of “proper” from, anon. Is it a feeling?

        1. High-level courts are as close as we can come to knowing what the “proper” interpretation of the law is.

          WOW – to be perfectly blunt, you are about as wrong as one could be.

          My view of “proper” comes from understanding the history of BOTH law and innovation.

          There is certainly plenty of “feeling” involved – but at its roots lay a cold calculus of objective study, as well as hands on experience from multiple angles of innovation.

          How about you. Clearly, your understanding of “proper” is woefully deficient. What drives that?

  2. By far the best comic in this series.

  3. I must be dating myself but I keep singing that Smokie song in my head whenever I hear about “Alice.” link to youtube.com

    1. “I must be dating myself but I keep singing that Smokie song …” – that is a really funny comment – Smokie’s Alice song is over 30 years old!

      1. I’m sorry to say it apparently came out in 1977 so it is now -40- years old.. But who’s counting..

  4. Nothing wrong with software patents as long as you can make them fit into an approved statutory framework.

    For that matter, there should be nothing wrong with signal claims, either. Any physicist can tell you that signals, especially in the EM spectrum, are real, tangible things.

    1. signals ….are real, tangible things.

      Yup. Like the light waves bouncing off the pages of a new book.

      Not eligible. And that’s a good thing.

      Nothing wrong with software patents as long as you can make them fit into an approved statutory framework.

      LOL

      You just gotta love it when the truth leaks out of the scrivener’s mouth.

      Also these cartoons are really not very funny at all. They are depressingly unfunny.

      1. Yup. Like the light waves bouncing off the pages of a new book.

        Holy non sequitor batman….

    2. Even if signals were not tangible, they are manufactured. Tangibility is not a statutory requirement for patentability. Manufactures are eligible subject matter.

      I thought the cartoon was funny. I legitimately chuckled.

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