• Restartable sequences on Linux

    From Thomas Koenig@21:1/5 to All on Thu Jun 19 08:59:03 2025
    I find the restartable sequences on Linux to be quite interesting -
    it allows fast user space updates to per-CPU data structures.
    These are atomic with respect to the scheduler.

    They can be used to implement locks, for example. https://gitlab.ethz.ch/extra_projects/cpu-local-lock.git is
    an implementation of such a lock which does not need atomic
    instructions on the fast path, and is therefore extremely fast
    when there is little contention.

    Plus, people seem to think that syscalls are too slow, and
    that communication with the kernel should be done via shared
    pages - also an interesting concept.

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  • From Lawrence D'Oliveiro@21:1/5 to Thomas Koenig on Thu Jun 19 09:05:49 2025
    On Thu, 19 Jun 2025 08:59:03 -0000 (UTC), Thomas Koenig wrote:

    Plus, people seem to think that syscalls are too slow, and that
    communication with the kernel should be done via shared pages - also an interesting concept.

    The performance bottleneck seems to be in the privilege transition between userland and kernel. To avoid that bottleneck means having the userland
    request service of a kernel thread which is already running. Which means
    the service threads are running all the time, concurrently with userland.

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  • From jseigh@21:1/5 to Thomas Koenig on Thu Jun 19 16:39:11 2025
    On 6/19/25 04:59, Thomas Koenig wrote:
    I find the restartable sequences on Linux to be quite interesting -
    it allows fast user space updates to per-CPU data structures.
    These are atomic with respect to the scheduler.

    Something I suggested way back

    https://groups.google.com/g/comp.os.linux.development.system/c/q9W9svf_DgY/m/3-RYj32I1Q4J
    https://groups.google.com/g/comp.programming.threads/c/muhN3qfYFQU/m/s1di_ZICfY4J
    https://groups.google.com/g/comp.arch/c/mPKbXmmlI3I/m/ZPU_hAHDiMYJ

    though the current RSEQ may have been independently though of, it's
    hard to tell as there is almost a complete lack of attribution in
    open source. Wouldn't be the first time something I came up with
    ended up being ascribed to folklore.


    They can be used to implement locks, for example. https://gitlab.ethz.ch/extra_projects/cpu-local-lock.git is
    an implementation of such a lock which does not need atomic
    instructions on the fast path, and is therefore extremely fast
    when there is little contention.

    Plus, people seem to think that syscalls are too slow, and
    that communication with the kernel should be done via shared
    pages - also an interesting concept.

    I suggested that somewhere but I don't have the link offhand.
    Google groups search is becoming more and more problematic.

    There's io_uring which uses a spsc? ring buffer to do async
    i/o w/o syscalls.

    There's vvar and vdso shared pages but their layout is obfuscated and undocumented.

    There a lot of useful stuff they could put in process private shared
    pages to make things easier and more performant, but that's not going
    to happen.

    Joe Seigh

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  • From Lawrence D'Oliveiro@21:1/5 to jseigh on Thu Jun 19 22:08:49 2025
    On Thu, 19 Jun 2025 16:39:11 -0400, jseigh wrote:

    ... there is almost a complete lack of attribution in open
    source.

    The VCS repositories will have a contributor name attached to every
    commit. The Linux kernel furthermore insists on valid contact details for
    every contributor, else the code gets dropped.

    In other words, there is a trail you can follow, if you want to.

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  • From jseigh@21:1/5 to Lawrence D'Oliveiro on Thu Jun 19 18:26:19 2025
    On 6/19/25 18:08, Lawrence D'Oliveiro wrote:
    On Thu, 19 Jun 2025 16:39:11 -0400, jseigh wrote:

    ... there is almost a complete lack of attribution in open
    source.

    The VCS repositories will have a contributor name attached to every
    commit. The Linux kernel furthermore insists on valid contact details for every contributor, else the code gets dropped.

    In other words, there is a trail you can follow, if you want to.

    That's for copyright. Copyright covers an expression of an idea,
    not the idea. If you didn't know the origin of the idea, if it
    was patented or public domain, you could be in trouble. The
    GPL has a poison pill for patents but it doesn't work for
    patent trolls.

    Quiz question. Who came up with the idea of asymmetric memory
    barriers? Not the implementation, the idea itself.

    Joe Seigh

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  • From Lawrence D'Oliveiro@21:1/5 to jseigh on Thu Jun 19 23:09:30 2025
    On Thu, 19 Jun 2025 18:26:19 -0400, jseigh wrote:

    If you didn't know the origin of the idea, if it was patented or
    public domain, you could be in trouble. The GPL has a poison pill
    for patents but it doesn't work for patent trolls.

    No-one has sued yet. They likely still remember what happened to the
    previous guys.

    <https://yro.slashdot.org/story/22/03/07/235211>

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  • From Anton Ertl@21:1/5 to jseigh on Fri Jun 20 05:21:58 2025
    jseigh <jseigh_es00@xemaps.com> writes:
    On 6/19/25 18:08, Lawrence D'Oliveiro wrote:
    On Thu, 19 Jun 2025 16:39:11 -0400, jseigh wrote:

    ... there is almost a complete lack of attribution in open
    source.
    ...
    That's for copyright. Copyright covers an expression of an idea,
    not the idea. If you didn't know the origin of the idea, if it
    was patented or public domain, you could be in trouble.

    If you came up with the idea by yourself, and it was patented by
    someone else, you could still be in trouble. If you got the idea from
    A and attribute it to A, but B patented it, you could still be in
    trouble. If B came up with the idea and applied for a patent, and you attribute it to B, you could still be in trouble. Attribution of
    ideas does not change anything as far as patents are concerned.

    What do you mean with "public domain" wrt. ideas? If there is no
    patent on the idea, e.g., because all patents on it have expired, why
    could one be in trouble?

    - anton
    --
    'Anyone trying for "industrial quality" ISA should avoid undefined behavior.'
    Mitch Alsup, <c17fcd89-f024-40e7-a594-88a85ac10d20o@googlegroups.com>

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  • From Lawrence D'Oliveiro@21:1/5 to Anton Ertl on Fri Jun 20 08:53:58 2025
    On Fri, 20 Jun 2025 05:21:58 GMT, Anton Ertl wrote:

    If you came up with the idea by yourself, and it was patented by someone else, you could still be in trouble.

    Independently coming up with the idea can be a defence in a copyright
    case, apparently, but not a patent one.

    Why? Who knows ...

    Though of course independently coming up with the idea *before* it was
    patented is supposed to be grounds for invalidating the patent ... though that’s usually easier said than done ...

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  • From Waldek Hebisch@21:1/5 to Thomas Koenig on Fri Jun 20 12:07:01 2025
    Thomas Koenig <tkoenig@netcologne.de> wrote:
    I find the restartable sequences on Linux to be quite interesting -
    it allows fast user space updates to per-CPU data structures.
    These are atomic with respect to the scheduler.

    They can be used to implement locks, for example. https://gitlab.ethz.ch/extra_projects/cpu-local-lock.git is
    an implementation of such a lock which does not need atomic
    instructions on the fast path, and is therefore extremely fast
    when there is little contention.

    Plus, people seem to think that syscalls are too slow, and
    that communication with the kernel should be done via shared
    pages - also an interesting concept.

    Syscalls are much slower than they used to be before Spectre.
    I wonder how long we will wait till some security researches
    discovers previously unexpected threat due to userspace
    constructs.

    --
    Waldek Hebisch

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  • From Thomas Koenig@21:1/5 to Anton Ertl on Fri Jun 20 18:07:43 2025
    Anton Ertl <anton@mips.complang.tuwien.ac.at> schrieb:
    jseigh <jseigh_es00@xemaps.com> writes:
    On 6/19/25 18:08, Lawrence D'Oliveiro wrote:
    On Thu, 19 Jun 2025 16:39:11 -0400, jseigh wrote:

    ... there is almost a complete lack of attribution in open
    source.
    ...
    That's for copyright. Copyright covers an expression of an idea,
    not the idea. If you didn't know the origin of the idea, if it
    was patented or public domain, you could be in trouble.

    If you came up with the idea by yourself, and it was patented by
    someone else, you could still be in trouble. If you got the idea from
    A and attribute it to A, but B patented it, you could still be in
    trouble. If B came up with the idea and applied for a patent, and you attribute it to B, you could still be in trouble. Attribution of
    ideas does not change anything as far as patents are concerned.

    The main question for patents is publication. Having known about
    a development and telling nobody about it does not help.

    One critical point is if an invention has been published before the
    patent application. This is grounds for not granting the patent, or
    (if the examiner did not find the prior publication) for opposition,
    and it is also grounds for invalidation after the opposition deadline
    has passed.

    "I have proof of prior art. Do you really want to endager your
    patent by suing me? Would you rather talk about a royalty-free
    license for me?" can be a very strong argument.

    Lack of inventive step is more thorny.

    What do you mean with "public domain" wrt. ideas?

    If an idea (well, an invention) has been published, anybody can use
    it, and it is no longer patentable (well, in principle; see above).
    Not sure if "public domain" is the right term or not.

    If there is no
    patent on the idea, e.g., because all patents on it have expired, why
    could one be in trouble?

    Sure, afterwards anybody can use them. That is the whole point
    of patents: An inventor discloses something, and in return he
    gets a period where he can use it exlusively.

    The patent holder (or somebody else) may try to file a selection
    invention, or the combination of something that has expired with
    something new. The first can be tricky regarding lack of novelty,
    the latter two aslo with lack of inventive step.

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  • From Lawrence D'Oliveiro@21:1/5 to Thomas Koenig on Fri Jun 20 23:48:34 2025
    On Fri, 20 Jun 2025 18:07:43 -0000 (UTC), Thomas Koenig wrote:

    Lack of inventive step is more thorny.

    Also, you don’t actually have to prove an idea works before getting a
    patent on it.

    As I recall, the US Patent Office was getting flooded with patents for perpetual-motion machines (none of which worked, naturally), until a rule
    came in specifically forbidding those.

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  • From MitchAlsup1@21:1/5 to Lawrence D'Oliveiro on Mon Jun 23 19:09:10 2025
    On Fri, 20 Jun 2025 23:48:34 +0000, Lawrence D'Oliveiro wrote:

    On Fri, 20 Jun 2025 18:07:43 -0000 (UTC), Thomas Koenig wrote:

    Lack of inventive step is more thorny.

    Also, you don’t actually have to prove an idea works before getting a patent on it.

    No, you just have to explain the idea to the examiner in such a way
    that [s]he::
    a) thoroughly understands the idea
    b) can find no patent disclosing that idea
    c) verifies the claims match the evidentiary text
    d) finds no essentially identical claims in other patents.

    As I recall, the US Patent Office was getting flooded with patents for perpetual-motion machines (none of which worked, naturally), until a
    rule
    came in specifically forbidding those.

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  • From MitchAlsup1@21:1/5 to Lawrence D'Oliveiro on Mon Jun 23 18:57:36 2025
    On Thu, 19 Jun 2025 9:05:49 +0000, Lawrence D'Oliveiro wrote:

    On Thu, 19 Jun 2025 08:59:03 -0000 (UTC), Thomas Koenig wrote:

    Plus, people seem to think that syscalls are too slow, and that
    communication with the kernel should be done via shared pages - also an
    interesting concept.

    The performance bottleneck seems to be in the privilege transition
    between
    userland and kernel. To avoid that bottleneck means having the userland request service of a kernel thread which is already running. Which means
    the service threads are running all the time, concurrently with
    userland.

    Also note: The SYSCALL sequence had to be "slowed down" in order to
    avoid Spectré-like attacks.

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  • From MitchAlsup1@21:1/5 to Lawrence D'Oliveiro on Mon Jun 23 19:04:20 2025
    On Fri, 20 Jun 2025 8:53:58 +0000, Lawrence D'Oliveiro wrote:

    On Fri, 20 Jun 2025 05:21:58 GMT, Anton Ertl wrote:

    If you came up with the idea by yourself, and it was patented by someone
    else, you could still be in trouble.

    Independently coming up with the idea can be a defence in a copyright
    case, apparently, but not a patent one.

    A good paper trail on when and how you invented something that somebody
    else had/has patented is a good way to go from treble damages to
    straight
    damages. You have to be able to show "lack of exposure" to their ideas
    and generally you do this by a plethora of different drawings, names for things, that illustrate no commonality on the patented material; even
    though the end result is suitably similar.

    Why? Who knows ...

    *.gov that's why !!

    Though of course independently coming up with the idea *before* it was patented is supposed to be grounds for invalidating the patent ...

    Only if you disclosed the idea publicly prior to their application
    arriving ts USPTO.

    though that’s usually easier said than done ...

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  • From MitchAlsup1@21:1/5 to Waldek Hebisch on Mon Jun 23 19:06:12 2025
    On Fri, 20 Jun 2025 12:07:01 +0000, Waldek Hebisch wrote:

    Thomas Koenig <tkoenig@netcologne.de> wrote:
    I find the restartable sequences on Linux to be quite interesting -
    it allows fast user space updates to per-CPU data structures.
    These are atomic with respect to the scheduler.

    They can be used to implement locks, for example.
    https://gitlab.ethz.ch/extra_projects/cpu-local-lock.git is
    an implementation of such a lock which does not need atomic
    instructions on the fast path, and is therefore extremely fast
    when there is little contention.

    Plus, people seem to think that syscalls are too slow, and
    that communication with the kernel should be done via shared
    pages - also an interesting concept.

    Syscalls are much slower than they used to be before Spectre.

    This is because companies basically refuse to change their pipelines
    to be immune to Spectré-like attacks.

    I wonder how long we will wait till some security researches
    discovers previously unexpected threat due to userspace
    constructs.

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  • From Lawrence D'Oliveiro@21:1/5 to All on Mon Jun 23 23:35:26 2025
    On Mon, 23 Jun 2025 19:04:20 +0000, MitchAlsup1 wrote:

    On Fri, 20 Jun 2025 8:53:58 +0000, Lawrence D'Oliveiro wrote:

    Though of course independently coming up with the idea *before* it
    was patented is supposed to be grounds for invalidating the patent
    ...

    Only if you disclosed the idea publicly prior to their application
    arriving ts USPTO.

    though that’s usually easier said than done ...

    A jury wouldn’t even believe Whitfield Diffie, co-inventor of
    public-key encryption, in his testimony about prior art <https://arstechnica.com/tech-policy/2013/11/newegg-trial-crypto-legend-diffie-takes-the-stand-to-knock-out-patent/>
    <https://arstechnica.com/tech-policy/2013/11/jury-newegg-infringes-spangenberg-patent-must-pay-2-3-million/>.

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  • From Terje Mathisen@21:1/5 to All on Tue Jun 24 09:57:10 2025
    MitchAlsup1 wrote:
    On Fri, 20 Jun 2025 23:48:34 +0000, Lawrence D'Oliveiro wrote:

    On Fri, 20 Jun 2025 18:07:43 -0000 (UTC), Thomas Koenig wrote:

    Lack of inventive step is more thorny.

    Also, you don’t actually have to prove an idea works before getting a >> patent on it.

    No, you just have to explain the idea to the examiner in such a way
    that [s]he::
    a) thoroughly understands the idea
    b) can find no patent disclosing that idea
    c) verifies the claims match the evidentiary text
    d) finds no essentially identical claims in other patents.

    Please note that "no patent disclosing the idea" means that all
    Knuth-era textbook sw algorithms can now be implemented in VLSI and then patented.

    Being documented in a 20-year old uni text book is not enough to stop
    the US patent office from allowing your patent.

    I have personally reviewed 4 different, supposedly valid, patents that
    fell into this category, along with 4 others where the "patent step" was non-existent, i.e. obviously the only reasonable way for anyone "skilled
    in the art" to sole that particular problem.

    Terje

    --
    - <Terje.Mathisen at tmsw.no>
    "almost all programming can be viewed as an exercise in caching"

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  • From Stephen Fuld@21:1/5 to Terje Mathisen on Tue Jun 24 07:59:32 2025
    On 6/24/2025 12:57 AM, Terje Mathisen wrote:
    MitchAlsup1 wrote:
    On Fri, 20 Jun 2025 23:48:34 +0000, Lawrence D'Oliveiro wrote:

    On Fri, 20 Jun 2025 18:07:43 -0000 (UTC), Thomas Koenig wrote:

    Lack of inventive step is more thorny.

    Also, you don’t actually have to prove an idea works before getting a
    patent on it.

    No, you just have to explain the idea to the examiner in such a way
    that [s]he::
    a) thoroughly understands the idea
    b) can find no patent disclosing that idea
    c) verifies the claims match the evidentiary text
    d) finds no essentially identical claims in other patents.

    Please note that "no patent disclosing the idea" means that all Knuth-
    era textbook sw algorithms can now be implemented in VLSI and then
    patented.

    Being documented in a 20-year old uni text book is not enough to stop
    the US patent office from allowing your patent.

    I have personally reviewed 4 different, supposedly valid, patents that
    fell into this category, along with 4 others where the "patent step" was non-existent, i.e. obviously the only reasonable way for anyone "skilled
    in the art" to sole that particular problem.

    Terje

    That is all true. Patents are a lot weaker than most people think they
    are. Essentially, they don't prevent anyone from copying anything.
    They only provide a presumption in court if the patent holder sues for infringement. If someone did get a patent on something in Knuth, in the
    suit, smart people like you will testify that there was prior art, and
    the patent will presumably be invalidated.

    You have to have some sympathy for the patent examiner. They can't
    possibly be knowledgeable of every development in the field, much less
    in all the fields for which they are responsible. So inevitably some
    patents that are later declared invalid will get through. That is what
    the courts are for.

    Yes, the system is broken, but attempts to fix it have so far not been successful. :-(

    --
    - Stephen Fuld
    (e-mail address disguised to prevent spam)

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  • From John Levine@21:1/5 to All on Tue Jun 24 16:26:16 2025
    According to Stephen Fuld <sfuld@alumni.cmu.edu.invalid>:
    That is all true. Patents are a lot weaker than most people think they
    are. Essentially, they don't prevent anyone from copying anything.
    They only provide a presumption in court if the patent holder sues for >infringement. If someone did get a patent on something in Knuth, in the >suit, smart people like you will testify that there was prior art, and
    the patent will presumably be invalidated.

    You have to have some sympathy for the patent examiner. They can't
    possibly be knowledgeable of every development in the field, much less
    in all the fields for which they are responsible. So inevitably some
    patents that are later declared invalid will get through. That is what
    the courts are for.

    Computer software patents have always been a mess. For the first two decades of the computer era, you couldn't patent software because it was considered to be analogous to a mental process. That changed in the 1970s with the setuid patent,
    but it meant there was a vast amount of software prior art never mentioned in a patent. Prior art searches normally are primarily looking at previous patents, which is reasonable in other areas but we are unfortunately special. The USPTO does have books and subscriptions but it's easy to miss something.

    A 2012 US law created Inter Partes Review, in which a third party can challenge a patent at the USPTO by presenting prior art, conducted by the Patent Trial and
    Appeal Board. That is much cheaper and somewhat faster than going to court.


    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From Stefan Monnier@21:1/5 to All on Tue Jun 24 13:09:25 2025
    Yes, the system is broken, but attempts to fix it have so far not been successful. :-(

    Huh, patents used to be inapplicable to software, and nobody was harmed
    by that. So we know the fix. The problem is just the large
    invested interests that oppose the fix any way they can.


    Stefan

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  • From Thomas Koenig@21:1/5 to Terje Mathisen on Tue Jun 24 17:33:56 2025
    Terje Mathisen <terje.mathisen@tmsw.no> schrieb:
    MitchAlsup1 wrote:
    On Fri, 20 Jun 2025 23:48:34 +0000, Lawrence D'Oliveiro wrote:

    On Fri, 20 Jun 2025 18:07:43 -0000 (UTC), Thomas Koenig wrote:

    Lack of inventive step is more thorny.

    Also, you don’t actually have to prove an idea works before getting a
    patent on it.

    No, you just have to explain the idea to the examiner in such a way
    that [s]he::
    a) thoroughly understands the idea
    b) can find no patent disclosing that idea
    c) verifies the claims match the evidentiary text
    d) finds no essentially identical claims in other patents.

    Please note that "no patent disclosing the idea" means that all
    Knuth-era textbook sw algorithms can now be implemented in VLSI and then patented.

    Being documented in a 20-year old uni text book is not enough to stop
    the US patent office from allowing your patent.

    By law, it should be - disclosed is disclosed, no matter where
    or when. The bar is pretty low - we quipped about the "Acta
    Physica Mongolica" a few decades ago, now it may be some obscure
    Internet link, or a non-published talk at a conference. You
    just need to document it.

    The examiner may not find it, and can then issue the patent in
    error. That was is what the opposition procedure is for (which
    the US now also has), plus subsequent steps through the
    legal system.


    I have personally reviewed 4 different, supposedly valid, patents that
    fell into this category,

    Only 4? :-)

    along with 4 others where the "patent step" was
    non-existent, i.e. obviously the only reasonable way for anyone "skilled
    in the art" to sole that particular problem.

    Lack of inventive step is much more subjective, unfortunately.

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  • From Thomas Koenig@21:1/5 to Stephen Fuld on Tue Jun 24 17:49:03 2025
    Stephen Fuld <sfuld@alumni.cmu.edu.invalid> schrieb:

    That is all true. Patents are a lot weaker than most people think they
    are. Essentially, they don't prevent anyone from copying anything.

    Beg to differ there.

    Large companies are usually quite strict about compliance. They
    will not put themselves into a position where they willingly fail
    to adhere to a law, regulation or, as the case may be, a patent.

    They only provide a presumption in court if the patent holder sues for infringement.

    There are a lot of steps that can be taken before going to the courts.
    Like I wrote upstream: A "friendly" letter noting the prior art, and
    asking for a royaltee-free license, can be quite effective (if that
    is what you want).

    If someone did get a patent on something in Knuth, in the
    suit, smart people like you will testify that there was prior art, and
    the patent will presumably be invalidated.

    The usual procedure is: If you notice an interesting patent
    application that has been published, you put it on a watch list.
    If it is granted, you examine the claims (which are often quite
    different from the original claims) and then decide if you want to
    file an opposition within the correct timeframe, usually 9 months,
    for any of the legel reasons (lack of novelty, lack of inventive
    step, lack of sufficient disclosure etc). It is usually a good idea
    to file many reasons, it is not possible to add them afterwards.

    Then there is a lot of submissions to the patent office going
    back and forth, citing literature etc.

    There may be oral proceedings, and then a decision is arrived at.
    If one party does not like that decision, they can appeal. Again
    a lot of back and forth, and then also oral proceedings may be
    possible.

    For somebody with a technical background, these oral proceedings can
    be weird. I've been to a few; for the first one I ever attended,
    as an expert witness, the patent lawyer from our side had to resort
    to slipping me little notes (saying things like "What the other
    guy is saying is very good for us" to keep me from interrupting.

    You have to have some sympathy for the patent examiner. They can't
    possibly be knowledgeable of every development in the field, much less
    in all the fields for which they are responsible. So inevitably some
    patents that are later declared invalid will get through. That is what
    the courts are for.

    And the opposition procedure, far before that. I think it was
    courts-only before the US started following what the rest of the
    world was doing.

    Yes, the system is broken, but attempts to fix it have so far not been successful. :-(

    There are things that are not OK, but I wouldn't say it is
    completely broken.

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  • From jseigh@21:1/5 to Chris M. Thomasson on Tue Jun 24 15:32:27 2025
    On 6/20/25 15:09, Chris M. Thomasson wrote:
    On 6/19/2025 1:39 PM, jseigh wrote:
    [...]

    Speaking of patents:

    https://patents.justia.com/patent/5295262

    :^D



    There's https://patents.google.com/patent/US7769791B2/en
    which was filed years after https://groups.google.com/g/comp.programming.threads/c/Sev_8xKh3RU/m/wEkEqnOhs_oJ?hl=en&pli=1
    and lot of follow up posts on this.
    Also it was based on differential reference counting from the
    5295262 patent.

    The c++ source code was on sourceforge. Good luck citing anything
    on sourceforge as prior art.

    Joe Seigh

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Scott Lurndal@21:1/5 to Thomas Koenig on Tue Jun 24 19:20:18 2025
    Thomas Koenig <tkoenig@netcologne.de> writes:
    Stephen Fuld <sfuld@alumni.cmu.edu.invalid> schrieb:

    That is all true. Patents are a lot weaker than most people think they
    are. Essentially, they don't prevent anyone from copying anything.

    Beg to differ there.

    <snip general agreement with Thomas>


    Yes, the system is broken, but attempts to fix it have so far not been
    successful. :-(

    There are things that are not OK, but I wouldn't say it is
    completely broken.

    "first to file" was a big step in the direction of broken as
    it favors the institutional inventor over the solo inventors.

    It's good for the patent attorneys, sadly.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Lawrence D'Oliveiro@21:1/5 to Chris M. Thomasson on Wed Jun 25 05:41:58 2025
    On Tue, 24 Jun 2025 22:06:50 -0700, Chris M. Thomasson wrote:

    Too Sarcastic? A shit load of people in the world can have a similar
    idea that is good. Well, now. How many of those are going to file for a patent, if any at all, per second of time on Earth? Humm... Not sure.
    Ahh, those who write about it first in "public"? Humm... Any thoughts?

    “if nature has made any one thing less susceptible, than all others,
    of exclusive property, it is the action of the thinking power called
    an Idea; which an individual may exclusively possess as long as he
    keeps it to himself; but the moment it is divulged, it forces itself
    into the possession of every one, and the reciever cannot dispossess
    himself of it. it’s peculiar character too is that no one possesses
    the less, because every other possesses the whole of it. he who
    recieves an idea from me, recieves instruction himself, without
    lessening mine; as he who lights his taper at mine, recieves light
    without darkening me. that ideas should freely spread from one to
    another over the globe, for the moral and mutual instruction of man,
    and improvement of his condition, seems to have been peculiarly and
    benvolently designed by nature, when she made them, like fire,
    expansible over all space, without lessening their density in any
    point; and like the air in which we breathe, move, and have our
    physical being, incapable of confinement, or exclusive appropriation. inventions then cannot in nature be a subject of property.”
    -- Thomas Jefferson

    <https://founders.archives.gov/documents/Jefferson/03-06-02-0322>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From John Levine@21:1/5 to All on Wed Jun 25 15:09:23 2025
    According to Chris M. Thomasson <chris.m.thomasson.1@gmail.com>:
    "first to file" was a big step in the direction of broken as
    it favors the institutional inventor over the solo inventors.

    It's good for the patent attorneys, sadly.

    Too Sarcastic? A shit load of people in the world can have a similar
    idea that is good. Well, now. How many of those are going to file for a >patent, if any at all, per second of time on Earth? Humm... Not sure.
    Ahh, those who write about it first in "public"? Humm... Any thoughts?

    The point of first to file is that it makes it a lot simpler to resolve conflcits between similar applications, look at the time stamp, rather than endless nitpicking about who wrote what in their lab books when.

    Similtaneous invention is not rare. The most famous case is the telephone where Bell and Gray filed their applications on the same day, but there are plenty of others.

    Not sure how this favors big companies other than that they can get the application filed faster than someone who doesn't have attorneys on staff.


    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From MitchAlsup1@21:1/5 to Chris M. Thomasson on Wed Jun 25 15:24:43 2025
    On Wed, 25 Jun 2025 5:06:50 +0000, Chris M. Thomasson wrote:

    On 6/24/2025 12:20 PM, Scott Lurndal wrote:
    Thomas Koenig <tkoenig@netcologne.de> writes:
    Stephen Fuld <sfuld@alumni.cmu.edu.invalid> schrieb:

    That is all true. Patents are a lot weaker than most people think they >>>> are. Essentially, they don't prevent anyone from copying anything.

    Beg to differ there.

    <snip general agreement with Thomas>


    Yes, the system is broken, but attempts to fix it have so far not been >>>> successful. :-(

    There are things that are not OK, but I wouldn't say it is
    completely broken.

    "first to file" was a big step in the direction of broken as
    it favors the institutional inventor over the solo inventors.

    It's good for the patent attorneys, sadly.




    Too Sarcastic? A shit load of people in the world can have a similar
    idea that is good. Well, now. How many of those are going to file for a patent, if any at all, per second of time on Earth? Humm... Not sure.
    Ahh, those who write about it first in "public"? Humm... Any thoughts?

    Back in my heyday of patent filings (1983-2000), every computer
    architect
    was reading the same academic and industrial literature, had access to
    the
    same fabrication technology, went to the same conferences,...--it is any
    wonder why we reinvented each other's ideas ??

    In this period of time about 2/3rds of my filings were knocked down
    by other filings of complete or near complete overlap.

    It is MY OPINION that if USPTO receives more than one patent covering essentially the same idea at essentially the same period of time, that
    this is prima-facia evidence that the idea is obvious to one skilled
    in the art--so, nobody gets the patent.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Lawrence D'Oliveiro@21:1/5 to All on Wed Jun 25 22:08:37 2025
    On Wed, 25 Jun 2025 15:24:43 +0000, MitchAlsup1 wrote:

    Back in my heyday of patent filings (1983-2000), every computer
    architect was reading the same academic and industrial literature, had
    access to the same fabrication technology, went to the same conferences,...--it is any wonder why we reinvented each other's ideas
    ??

    There was a time, I recall, when the legal advice from a company’s lawyers
    to its staff was *not* to read about other people’s patent filings.
    Because you might decide that patent was not applicable to what you were
    doing, until later the lawsuit came along anyway, and they managed to make
    a case stick, and because you knew about the patent, that made the
    infringement wilful, so the damages would be triple.

    It is MY OPINION that if USPTO receives more than one patent covering essentially the same idea at essentially the same period of time, that
    this is prima-facia evidence that the idea is obvious to one skilled in
    the art--so, nobody gets the patent.

    That’s common sense. As far as I can tell (IANAL), patent law is not based
    on common sense.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From MitchAlsup1@21:1/5 to Lawrence D'Oliveiro on Wed Jun 25 22:52:31 2025
    On Wed, 25 Jun 2025 22:08:37 +0000, Lawrence D'Oliveiro wrote:

    On Wed, 25 Jun 2025 15:24:43 +0000, MitchAlsup1 wrote:

    Back in my heyday of patent filings (1983-2000), every computer
    architect was reading the same academic and industrial literature, had
    access to the same fabrication technology, went to the same
    conferences,...--it is any wonder why we reinvented each other's ideas
    ??

    There was a time, I recall, when the legal advice from a company’s
    lawyers
    to its staff was *not* to read about other people’s patent filings.

    That WAS the case here

    Because you might decide that patent was not applicable to what you were doing, until later the lawsuit came along anyway, and they managed to
    make
    a case stick, and because you knew about the patent, that made the infringement wilful, so the damages would be triple.

    Paper trail indication originality was solid.

    It is MY OPINION that if USPTO receives more than one patent covering
    essentially the same idea at essentially the same period of time, that
    this is prima-facia evidence that the idea is obvious to one skilled in
    the art--so, nobody gets the patent.

    That’s common sense. As far as I can tell (IANAL), patent law is not
    based on common sense.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From MitchAlsup1@21:1/5 to Chris M. Thomasson on Wed Jun 25 22:53:42 2025
    On Wed, 25 Jun 2025 22:11:45 +0000, Chris M. Thomasson wrote:

    On 6/25/2025 8:24 AM, MitchAlsup1 wrote:
    On Wed, 25 Jun 2025 5:06:50 +0000, Chris M. Thomasson wrote:

    On 6/24/2025 12:20 PM, Scott Lurndal wrote:
    Thomas Koenig <tkoenig@netcologne.de> writes:
    Stephen Fuld <sfuld@alumni.cmu.edu.invalid> schrieb:

    That is all true.  Patents are a lot weaker than most people think >>>>>> they
    are.  Essentially, they don't prevent anyone from copying anything. >>>>>
    Beg to differ there.

      <snip general agreement with Thomas>


    Yes, the system is broken, but attempts to fix it have so far not been >>>>>> successful.  :-(

    There are things that are not OK, but I wouldn't say it is
    completely broken.

    "first to file" was a big step in the direction of broken as
    it favors the institutional inventor over the solo inventors.

    It's good for the patent attorneys, sadly.




    Too Sarcastic? A shit load of people in the world can have a similar
    idea that is good. Well, now. How many of those are going to file for a
    patent, if any at all, per second of time on Earth? Humm... Not sure.
    Ahh, those who write about it first in "public"? Humm... Any thoughts?

    Back in my heyday of patent filings (1983-2000), every computer
    architect
    was reading the same academic and industrial literature, had access to
    the
    same fabrication technology, went to the same conferences,...--it is any
    wonder why we reinvented each other's ideas ??

    In this period of time about 2/3rds of my filings were knocked down
    by other filings of complete or near complete overlap.

    It is MY OPINION that if USPTO receives more than one patent covering
    essentially the same idea at essentially the same period of time, that
    this is prima-facia evidence that the idea is obvious to one skilled
    in the art--so, nobody gets the patent.

    I actually mailed one of my encryption algos to myself. Its still
    unsealed. Fwiw,

    Should have mailed it "return receipt Request"

    here it is:

    http://fractallife247.com/test/hmac_cipher/ver_0_0_0_1?ct_hmac_cipher=
    cba71c0d266d16df7a9996bab499332e541728313a4ac8f429c552f8e56233fe4b1e124a81f9836a960d809ff477254cb3398179165be0105859882055dabc223feee98aabc5f7b88453233dc0e6b4b341ff22b22028e35e370a0e68

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From jseigh@21:1/5 to Chris M. Thomasson on Fri Jun 27 18:05:10 2025
    On 6/27/25 14:40, Chris M. Thomasson wrote:
    On 6/24/2025 12:32 PM, jseigh wrote:


    There's https://patents.google.com/patent/US7769791B2/en
    which was filed years after
    https://groups.google.com/g/comp.programming.threads/c/Sev_8xKh3RU/m/
    wEkEqnOhs_oJ?hl=en&pli=1
    and lot of follow up posts on this.
    Also it was based on differential reference counting from the
    5295262 patent.

    I think I remember breaking it down and basically proving that it
    infringes on your work? That was a long time ago. My mind might be a
    little blurry on that.

    You can't infringe on public domain.

    So basically there are 3 ways to protect an idea, intellectual property.
    1) keep it propietary (secret), e.g. formula for coca cola.
    2) publish it and put into the public domain. No one can prevent you
    from using it then.
    3) patent it.

    I've done both (2) and (3). I'm leaning towards (1) now. Less
    work, I don't have to write it up or code it or anything.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From MitchAlsup1@21:1/5 to jseigh on Sat Jun 28 01:18:55 2025
    On Fri, 27 Jun 2025 22:05:10 +0000, jseigh wrote:

    On 6/27/25 14:40, Chris M. Thomasson wrote:
    On 6/24/2025 12:32 PM, jseigh wrote:


    There's https://patents.google.com/patent/US7769791B2/en
    which was filed years after
    https://groups.google.com/g/comp.programming.threads/c/Sev_8xKh3RU/m/
    wEkEqnOhs_oJ?hl=en&pli=1
    and lot of follow up posts on this.
    Also it was based on differential reference counting from the
    5295262 patent.

    I think I remember breaking it down and basically proving that it
    infringes on your work? That was a long time ago. My mind might be a
    little blurry on that.

    You can't infringe on public domain.

    So basically there are 3 ways to protect an idea, intellectual property.
    1) keep it propietary (secret), e.g. formula for coca cola.
    2) publish it and put into the public domain. No one can prevent you
    from using it then.
    3) patent it.

    I've done both (2) and (3). I'm leaning towards (1) now. Less
    work, I don't have to write it up or code it or anything.

    My 2 last patents took at least 2,000 hours of work to complete.
    I can see why (1) is the best option.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Thomas Koenig@21:1/5 to mitchalsup@aol.com on Sat Jun 28 09:21:07 2025
    On 2025-06-25, MitchAlsup1 <mitchalsup@aol.com> wrote:
    On Wed, 25 Jun 2025 22:08:37 +0000, Lawrence D'Oliveiro wrote:

    On Wed, 25 Jun 2025 15:24:43 +0000, MitchAlsup1 wrote:

    Back in my heyday of patent filings (1983-2000), every computer
    architect was reading the same academic and industrial literature, had
    access to the same fabrication technology, went to the same
    conferences,...--it is any wonder why we reinvented each other's ideas
    ??

    There was a time, I recall, when the legal advice from a company???s
    lawyers
    to its staff was *not* to read about other people???s patent filings.

    That WAS the case here

    A different world to what I am used to.

    While not unheard of, priority disputes in the chemical industry are
    very rare. Polycarbonate was one famous case where this happened,
    between Bayer and General Electric (which was made more complicated
    because the US had a "fist invented" rule, which actually meant
    "first invented in the US", so a foreign inventions and priority
    dates were hard to recognize - details may be off).

    One reason may be that developments are more long-term, and that
    you need lab results and tests for many things, which take time
    and money.

    Another one, especially for the pharmaceutical industry, is the
    sheer number of possible chemical compounds, which by far (and by
    this I mean orders and orders of magnitude) greater than the
    number of atoms available to synthesize them. Just look
    at https://oeis.org/A000628 , which only lists alkanes.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From George Neuner@21:1/5 to All on Sat Jun 28 08:23:47 2025
    On Sat, 28 Jun 2025 01:18:55 +0000, mitchalsup@aol.com (MitchAlsup1)
    wrote:

    On Fri, 27 Jun 2025 22:05:10 +0000, jseigh wrote:

    On 6/27/25 14:40, Chris M. Thomasson wrote:
    On 6/24/2025 12:32 PM, jseigh wrote:


    There's https://patents.google.com/patent/US7769791B2/en
    which was filed years after
    https://groups.google.com/g/comp.programming.threads/c/Sev_8xKh3RU/m/
    wEkEqnOhs_oJ?hl=en&pli=1
    and lot of follow up posts on this.
    Also it was based on differential reference counting from the
    5295262 patent.

    I think I remember breaking it down and basically proving that it
    infringes on your work? That was a long time ago. My mind might be a
    little blurry on that.

    You can't infringe on public domain.

    So basically there are 3 ways to protect an idea, intellectual property.
    1) keep it propietary (secret), e.g. formula for coca cola.
    2) publish it and put into the public domain. No one can prevent you
    from using it then.
    3) patent it.

    I've done both (2) and (3). I'm leaning towards (1) now. Less
    work, I don't have to write it up or code it or anything.

    My 2 last patents took at least 2,000 hours of work to complete.
    I can see why (1) is the best option.

    But then if someone else patents it, you can be accused of infringing
    your own invention. The "first to file" rule has changed the
    calculation significantly.

    You're disadvantaged either way: a patent can be revoked if you don't
    actively defend it. "Defense" doesn't necessarily mean lawsuits -
    good faith license negotiations count - but you can't simply ignore
    potential infringements because if you do that might eventually be
    used against you.

    Then there are countries that either don't recognize Public Domain, or
    make it very difficult to add something into it.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Anton Ertl@21:1/5 to George Neuner on Sat Jun 28 18:09:49 2025
    George Neuner <gneuner2@comcast.net> writes:
    But then if someone else patents it, you can be accused of infringing
    your own invention. The "first to file" rule has changed the
    calculation significantly.

    You're disadvantaged either way: a patent can be revoked if you don't >actively defend it.

    I have never heard that about patents, only about trademarks. Can you
    cite a case?

    Then there are countries that either don't recognize Public Domain, or
    make it very difficult to add something into it.

    Public domain is a concept from copyright. Why should it play a role
    for patents? Just publish it in a way that makes the publication date
    provable (maybe on arxiv or github), and if you have enough money, you
    should be able to defend against any patent that was filed later. Of
    course, if you don't have enough money, and the other side wants to
    see your product eliminated from the market (rather than being after
    your money), you are screwed even if you have published or patented
    earlier.

    - anton
    --
    'Anyone trying for "industrial quality" ISA should avoid undefined behavior.'
    Mitch Alsup, <c17fcd89-f024-40e7-a594-88a85ac10d20o@googlegroups.com>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From MitchAlsup1@21:1/5 to George Neuner on Sat Jun 28 19:20:33 2025
    On Sat, 28 Jun 2025 12:23:47 +0000, George Neuner wrote:

    On Sat, 28 Jun 2025 01:18:55 +0000, mitchalsup@aol.com (MitchAlsup1)
    wrote:


    My 2 last patents took at least 2,000 hours of work to complete.
    I can see why (1) is the best option.

    But then if someone else patents it, you can be accused of infringing
    your own invention. The "first to file" rule has changed the
    calculation significantly.

    Err, NO

    You file a preliminary and then put in the 2,000 hours writing a
    good patent. The preliminary only has to have enough content so
    that someone reading the real patent can see that the idea was
    indeed conceived in the preliminary.

    You're disadvantaged either way: a patent can be revoked if you don't actively defend it. "Defense" doesn't necessarily mean lawsuits -
    good faith license negotiations count - but you can't simply ignore
    potential infringements because if you do that might eventually be
    used against you.

    Then there are countries that either don't recognize Public Domain, or
    make it very difficult to add something into it.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From George Neuner@21:1/5 to Anton Ertl on Sat Jun 28 15:20:43 2025
    On Sat, 28 Jun 2025 18:09:49 GMT, anton@mips.complang.tuwien.ac.at
    (Anton Ertl) wrote:

    George Neuner <gneuner2@comcast.net> writes:
    But then if someone else patents it, you can be accused of infringing
    your own invention. The "first to file" rule has changed the
    calculation significantly.

    You're disadvantaged either way: a patent can be revoked if you don't >>actively defend it.

    I have never heard that about patents, only about trademarks. Can you
    cite a case?

    Sorry, not off hand, but see the law for "abandoned" inventions.

    It does have to be adjudicated, but the holder of a patent for an
    invention ruled to be abandoned can lose the rights.


    Then there are countries that either don't recognize Public Domain, or
    make it very difficult to add something into it.

    Public domain is a concept from copyright. Why should it play a role
    for patents? Just publish it in a way that makes the publication date >provable ...

    Just commenting on the notion of putting the idea in PD. You are
    correct that any provable publication should prevent or invalidate a
    patent on the idea.

    (maybe on arxiv or github)

    Don't know whether github would qualify as "publishing". Certainly
    any journal article would qualify.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From George Neuner@21:1/5 to All on Sat Jun 28 15:32:04 2025
    On Sat, 28 Jun 2025 19:20:33 +0000, mitchalsup@aol.com (MitchAlsup1)
    wrote:

    On Sat, 28 Jun 2025 12:23:47 +0000, George Neuner wrote:

    On Sat, 28 Jun 2025 01:18:55 +0000, mitchalsup@aol.com (MitchAlsup1)
    wrote:


    My 2 last patents took at least 2,000 hours of work to complete.
    I can see why (1) is the best option.

    But then if someone else patents it, you can be accused of infringing
    your own invention. The "first to file" rule has changed the
    calculation significantly.

    Err, NO

    You file a preliminary and then put in the 2,000 hours writing a
    good patent. The preliminary only has to have enough content so
    that someone reading the real patent can see that the idea was
    indeed conceived in the preliminary.

    You omitted the list you were responding to, which contained the
    option to "patent" but not to simply file a preliminary. In your
    reply you did /not/ mention prelims, but only that your time spent
    filing full patents could be a reason to consider trade secret
    instead.


    You're disadvantaged either way: a patent can be revoked if you don't
    actively defend it. "Defense" doesn't necessarily mean lawsuits -
    good faith license negotiations count - but you can't simply ignore
    potential infringements because if you do that might eventually be
    used against you.

    Then there are countries that either don't recognize Public Domain, or
    make it very difficult to add something into it.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Lawrence D'Oliveiro@21:1/5 to Thomas Koenig on Sat Jun 28 22:40:36 2025
    On Sat, 28 Jun 2025 09:21:07 -0000 (UTC), Thomas Koenig wrote:

    Another one, especially for the pharmaceutical industry, is the sheer
    number of possible chemical compounds, which by far (and by this I mean orders and orders of magnitude) greater than the number of atoms
    available to synthesize them. Just look at https://oeis.org/A000628 ,
    which only lists alkanes.

    And of course the mathematicians have a name for those kinds of
    objects. ;)

    Carbon is unique in its ability to form long-chain compounds, which is why organic chemistry is such a bigger field than inorganic chemistry. But is
    that only true under Earth conditions? Would something like, say, silicon,
    be able to form long chains under lower temperatures and higher pressures, perhaps?

    (Thinking of Titan, where H₂O forms solid rock, and the lakes and rain and snow are small-molecule alkanes.)

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Lawrence D'Oliveiro@21:1/5 to All on Sat Jun 28 22:42:46 2025
    On Sat, 28 Jun 2025 19:20:33 +0000, MitchAlsup1 wrote:

    You file a preliminary and then put in the 2,000 hours writing a good
    patent. The preliminary only has to have enough content so that someone reading the real patent can see that the idea was indeed conceived in
    the preliminary.

    Bearing in mind it’s very difficult for the US Patent Office to reject a patent application outright.

    E.g. Apple took about 3 attempts before its “slide to unlock” patent on
    the Iphone screen display was passed. One of those rejections was even
    marked “final”, yet all they had to do was revise the application and try again.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From David Brown@21:1/5 to BGB on Sun Jun 29 10:51:36 2025
    On 29/06/2025 03:55, BGB wrote:

    (Thinking of Titan, where H₂O forms solid rock, and the lakes and rain
    and
    snow are small-molecule alkanes.)

    Any silicone polymers are unlikely to be useful in this environment.


    I would guess that in such an environment, Oxygen or Chrorine based molecules, still with a carbon backbone, would be more useful (with
    molecules tuned towards high reactivity). However, life that could
    function on Titan would likely react explosively if subjected to Earth
    like conditions.


    If silicon based chemistry were a thing, I would expect it to be more
    found in very hot environments (over 200C, possibly using metallic
    solvents; such as sodium in place of water). And, for any such life,
    exposure to Earth like conditions would likely also be lethal.


    I don't think you are ever going to get the chemical complexity needed
    for life with solvents other than water. It is correct that carbon is
    better than silicon for forming complex molecules, but as a solvent,
    water is unique (as far as we know). Nothing comes close to it for
    dissolving such a range of substances - both polar and non-polar. And
    once you have established water as the key solvent, you are back to
    carbon as the key base, along with oxygen, hydrogen, and nitrogen. Some
    of the other atoms could be varied a bit, but those are the big ones.

    There's a bit more freedom if you are considering artificial life - then
    the molecules don't have to be self-assembling.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Thomas Koenig@21:1/5 to mitchalsup@aol.com on Sun Jun 29 14:42:30 2025
    MitchAlsup1 <mitchalsup@aol.com> schrieb:
    On Sat, 28 Jun 2025 12:23:47 +0000, George Neuner wrote:

    On Sat, 28 Jun 2025 01:18:55 +0000, mitchalsup@aol.com (MitchAlsup1)
    wrote:


    My 2 last patents took at least 2,000 hours of work to complete.
    I can see why (1) is the best option.

    But then if someone else patents it, you can be accused of infringing
    your own invention. The "first to file" rule has changed the
    calculation significantly.

    Err, NO

    You file a preliminary and then put in the 2,000 hours writing a
    good patent. The preliminary only has to have enough content so
    that someone reading the real patent can see that the idea was
    indeed conceived in the preliminary.

    You have twelve months after the original priority data to claim
    the priority in another juristiction, and 18 months from the
    orignal publication to submission.

    In the meantime (if you paid for it) you should get the original
    search report, which would give you a good idea what to do.
    And then you see which claims are hit with an X or Y and what
    you might need to amend.

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  • From Thomas Koenig@21:1/5 to BGB on Sun Jun 29 14:44:12 2025
    BGB <cr88192@gmail.com> schrieb:
    On 6/28/2025 5:40 PM, Lawrence D'Oliveiro wrote:
    On Sat, 28 Jun 2025 09:21:07 -0000 (UTC), Thomas Koenig wrote:

    Another one, especially for the pharmaceutical industry, is the sheer
    number of possible chemical compounds, which by far (and by this I mean
    orders and orders of magnitude) greater than the number of atoms
    available to synthesize them. Just look at https://oeis.org/A000628 ,
    which only lists alkanes.

    And of course the mathematicians have a name for those kinds of
    objects. ;)

    Carbon is unique in its ability to form long-chain compounds, which is why >> organic chemistry is such a bigger field than inorganic chemistry. But is
    that only true under Earth conditions? Would something like, say, silicon, >> be able to form long chains under lower temperatures and higher pressures, >> perhaps?


    Silicon does form long chain polymers.
    For example, silicone rubber.

    Those are Si-O - bonds, not Si-Si bonds.

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  • From Andy Valencia@21:1/5 to Stephen Fuld on Fri Jul 4 09:23:39 2025
    Stephen Fuld <sfuld@alumni.cmu.edu.invalid> writes:
    If someone did get a patent on something in Knuth, in the
    suit, smart people like you will testify that there was prior art, and
    the patent will presumably be invalidated.

    The patent claim would almost certainly include _in VLSI_. The presence
    of a prior non-VLSI embodiment would not be as helpful as you might hope.

    But then, I am not a lawyer. Please don't count on me for anything.

    Andy Valencia
    Home page: https://www.vsta.org/andy/
    To contact me: https://www.vsta.org/contact/andy.html
    Fediverse: @vandys@goto.vsta.org

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  • From Thomas Koenig@21:1/5 to Andy Valencia on Fri Jul 4 18:30:54 2025
    Andy Valencia <vandys@vsta.org> schrieb:
    Stephen Fuld <sfuld@alumni.cmu.edu.invalid> writes:
    If someone did get a patent on something in Knuth, in the
    suit, smart people like you will testify that there was prior art, and
    the patent will presumably be invalidated.

    The patent claim would almost certainly include _in VLSI_.i The presence
    of a prior non-VLSI embodiment would not be as helpful as you might hope.

    That would very likely mean lack of inventive step. Quoting https://www.epo.org/en/legal/case-law/2022/clr_i_d_9_21_10.html :

    # If the technical problem that the skilled person has set himself to
    # solve brings him to the solution step by step, with each individual
    # step being obvious to him in terms of what he has achieved so far
    # and what remains for him to do, the solution is obvious to the
    # skilled person on the basis of the prior art, even if two or more
    # such steps are required, and it does not involve an inventive step.


    But then, I am not a lawyer. Please don't count on me for anything.

    :-)

    I actually find the explanations on the EPO quite clear.
    --
    This USENET posting was made without artificial intelligence,
    artificial impertinence, artificial arrogance, artificial stupidity,
    artificial flavorings or artificial colorants.

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  • From Lawrence D'Oliveiro@21:1/5 to Thomas Koenig on Fri Jul 4 23:48:34 2025
    On Fri, 4 Jul 2025 18:30:54 -0000 (UTC), Thomas Koenig wrote:

    Andy Valencia <vandys@vsta.org> schrieb:

    The patent claim would almost certainly include _in VLSI_.i The
    presence of a prior non-VLSI embodiment would not be as helpful as
    you might hope.

    That would very likely mean lack of inventive step.

    If that were true, then software patents would automatically be ruled
    out, and we wouldn’t have so much trouble with them. Since adding “on
    a computer” to an existing idea would also fall under “lack of
    inventive step”, would it not?

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  • From Terje Mathisen@21:1/5 to Thomas Koenig on Sat Jul 5 12:52:03 2025
    Thomas Koenig wrote:
    Andy Valencia <vandys@vsta.org> schrieb:
    Stephen Fuld <sfuld@alumni.cmu.edu.invalid> writes:
    If someone did get a patent on something in Knuth, in the
    suit, smart people like you will testify that there was prior art, and
    the patent will presumably be invalidated.

    The patent claim would almost certainly include _in VLSI_.i The presence
    of a prior non-VLSI embodiment would not be as helpful as you might hope.

    That would very likely mean lack of inventive step. Quoting https://www.epo.org/en/legal/case-law/2022/clr_i_d_9_21_10.html :

    # If the technical problem that the skilled person has set himself to
    # solve brings him to the solution step by step, with each individual
    # step being obvious to him in terms of what he has achieved so far
    # and what remains for him to do, the solution is obvious to the
    # skilled person on the basis of the prior art, even if two or more
    # such steps are required, and it does not involve an inventive step.


    But then, I am not a lawyer. Please don't count on me for anything.

    :-)

    I actually find the explanations on the EPO quite clear.

    I originally posted about the 4 (out of 10) patents that were in fact
    Knuth-era algorithms compiled to VLSI, and that IMNSHO these obviusly
    failed the inventive step requirement.

    Another 4 were exceedingly obvious, exactly as described in the
    paragraph above: Every step was the most obvious solution.

    I don't know this for a fact, but I strongly suspect that the company
    that commissioned my patent investigation was the owner of them, and not
    the opponent, since I never heard anything at all after getting paid.

    Terje

    --
    - <Terje.Mathisen at tmsw.no>
    "almost all programming can be viewed as an exercise in caching"

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  • From Thomas Koenig@21:1/5 to Terje Mathisen on Sat Jul 5 13:14:32 2025
    Terje Mathisen <terje.mathisen@tmsw.no> schrieb:
    Thomas Koenig wrote:
    Andy Valencia <vandys@vsta.org> schrieb:
    Stephen Fuld <sfuld@alumni.cmu.edu.invalid> writes:
    If someone did get a patent on something in Knuth, in the
    suit, smart people like you will testify that there was prior art, and >>>> the patent will presumably be invalidated.

    The patent claim would almost certainly include _in VLSI_.i The presence >>> of a prior non-VLSI embodiment would not be as helpful as you might hope. >>
    That would very likely mean lack of inventive step. Quoting
    https://www.epo.org/en/legal/case-law/2022/clr_i_d_9_21_10.html :

    # If the technical problem that the skilled person has set himself to
    # solve brings him to the solution step by step, with each individual
    # step being obvious to him in terms of what he has achieved so far
    # and what remains for him to do, the solution is obvious to the
    # skilled person on the basis of the prior art, even if two or more
    # such steps are required, and it does not involve an inventive step.


    But then, I am not a lawyer. Please don't count on me for anything.

    :-)

    I actually find the explanations on the EPO quite clear.

    I originally posted about the 4 (out of 10) patents that were in fact Knuth-era algorithms compiled to VLSI, and that IMNSHO these obviusly
    failed the inventive step requirement.

    Another 4 were exceedingly obvious, exactly as described in the
    paragraph above: Every step was the most obvious solution.

    One problem with "inventive step" is the objectivity.

    With Knuth, there is no question of the algorithms having fallen
    into disuse and being little-known (which can also have an effect
    on the inventive step).

    I don't know this for a fact, but I strongly suspect that the company
    that commissioned my patent investigation was the owner of them, and not
    the opponent, since I never heard anything at all after getting paid.

    If you still have the application numbers associated with these
    patents, you can look them up at register.epo.org and read all
    documents regarding a patent application. It's often a lot to read,
    but you could find out if your expert opinion was ever filed :-)
    --
    This USENET posting was made without artificial intelligence,
    artificial impertinence, artificial arrogance, artificial stupidity,
    artificial flavorings or artificial colorants.

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  • From MitchAlsup1@21:1/5 to Terje Mathisen on Sat Jul 5 16:52:01 2025
    On Sat, 5 Jul 2025 10:52:03 +0000, Terje Mathisen wrote:

    Thomas Koenig wrote:
    Andy Valencia <vandys@vsta.org> schrieb:
    ----------------
    I actually find the explanations on the EPO quite clear.

    I originally posted about the 4 (out of 10) patents that were in fact Knuth-era algorithms compiled to VLSI, and that IMNSHO these obviusly
    failed the inventive step requirement.

    As long as the claims are towards the way the Knuth algorithms
    were compiled into VLSI, or on what had to be invented to
    compile Knuth algorithms into VLSI, the patents are valid.

    Claims pertaining to the algorithms themselves are not
    (as these belong to Knuth).

    Another 4 were exceedingly obvious, exactly as described in the
    paragraph above: Every step was the most obvious solution.

    Sometimes the step is obvious, the the bit patterns chosen to
    encode that step are either not obvious or multidimensional;
    in which case, the claims should be restricted to how that
    step (i.e., the encoding) was derived.

    I don't know this for a fact, but I strongly suspect that the company
    that commissioned my patent investigation was the owner of them, and not
    the opponent, since I never heard anything at all after getting paid.

    Terje

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