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Subject: Re: [emergency] Geolocation E911 Patented
All - I spend some part of my time dealing with IPR and patent issues WRT OGC standards. Oh what fun! Never thought I would be able to carry on a meaningful dialogue with a patent lawyer. Anyway, in the Geo space, most patents are frivolous. There is a tremendous amount of prior art in the GIS industry. The problem is that many companies that apply for patents in the geo space have no idea of what has been done before. The problem is exacerbated by a US Patent Office (or should I say policy) that simply cannot properly evaluate all the patents being applied for. This said, it is hard to determine whether the IP 911 patent meets the requirements for a patent. Below my signature is a really nice synopsis (I must confess I wrote this so I hope it is correct!) of what constitutes a valid patent under US law. So, in terms of the IP 911 patent, the real issue is whether 1.) there is relevant and significant prior art and 2.) whether the use of GPS for VoIP EM calls is innovative. In terms of the use of GPS, there have been similar (non-VoIP) applications for many years. The mobile wireless industry has been deploying GPS based applications with similar applications (fleet management, mobile work force and so forth) Cheers Carl The scope of the protection provided by the patent is defined by its claims. Similarly, the validity of the patent depends on the definition of the invention provided by the claims. If the invention as defined by the claims does not meet the requirements for patentability (in particular, if it was not new, or would have been obvious at the priority date of the patent application), then the patent is invalid and may be revoked. Therefore, when analysing a patent to assess either whether it is infringed or whether it is valid, it is essential to turn to the definition of the invention provided by the claims, with any ambiguity in the terminology used in the claims being resolved by reference to the description. As indicated previously, in order for a patent claim to be valid, the invention defined by that claim has to meet two criteria: it has to be novel (new) and inventive (not obvious). These criteria have to be judged against information that was publicly available at the priority date of the patent application. Any information that was in the public domain prior to that date is known as "prior art" and may be relevant to the validity of the patent. Any information that became public only after that date does not constitute prior art and does not affect the validity of the patent. ----- Original Message ----- From: "Art Botterell" <acb@incident.com> To: "Emergency_Mgt_TC TC" <emergency@lists.oasis-open.org> Sent: Wednesday, July 06, 2005 2:48 PM Subject: Re: [emergency] Geolocation E911 Patented > <rant> > > "When ideas are property, only trespassers will have ideas." [(tm) ;-)] > > Sometimes our Patent Office reminds me of a needy child... acting out > more and more outrageously until somebody intervenes. > > Fundamentally, of course, the problem is with the somewhat strained > metaphor of "intellectual property." It's original intent was to foster > creativity by allowing creators to reap the rewards of their efforts. > But as copyrights and patents have become longer-lived, both in absolute > terms and relative to the accelerating rate of change, the tool has > turned against the craftsman: Intellectual property claims are becoming a > major barrier to creativity. > > Alas, with the bumper-sticker ideology of an "ownership society" so much > in vogue right now, it's hard to challenge anything that's called a > property right, even when it was only a convention meant to achieve an > entirely different goal. > > </rant> > > - Art > > > On Jul 6, 2005, at 7/6/05 1:07 PM, Ham, Gary A wrote: > >> Where is the logic that even allows a patent on this concept? It is a >> realtively simple algorithm that I believe is "prior art" in all kinds >> of systems. Am I missing something special that they have done? Or are >> they just theives trying to take advantage of the gullible and foolish? >> >> >> Gary A. Ham >> Senior Research Scientist >> Battelle Memorial Institute >> 540-288-5611 (office) >> 703-869-6241 (cell) >> "You would be surprised what you can accomplish when you do not care who >> gets the credit." - Harry S. Truman >> >> >> -----Original Message----- >> From: Kon Wilms [mailto:kon@datacast.biz] >> Sent: Friday, July 01, 2005 4:37 PM >> To: emergency@lists.oasis-open.org >> Subject: [emergency] Geolocation E911 Patented >> >> >> More proof why the patent system doesn't work. I wonder who they will >> attempt to extract cash from first? >> >> Cheers >> Kon >> >> -- snip >> >> IP911 Resource has been awarded a patent for S911, its e911 solution for >> VoIP service providers. The technology uses a GPS device to pinpoint >> the exact location of a caller based on longitude, latitude, and >> altitude. After, location >> software and database comparisons are used to find the >> address of the emergency and the nearest public safety >> location and phone number to route the VoIP emergency. >> >> >> --------------------------------------------------------------------- >> To unsubscribe from this mail list, you must leave the OASIS TC that >> generates this mail. You may a link to this group and all your TCs in >> OASIS >> at: >> https://www.oasis-open.org/apps/org/workgroup/portal/my_workgroups.php >> >> >> --------------------------------------------------------------------- >> To unsubscribe from this mail list, you must leave the OASIS TC that >> generates this mail. You may a link to this group and all your TCs in >> OASIS >> at: >> https://www.oasis-open.org/apps/org/workgroup/portal/my_workgroups.php >> >> >> > > > --------------------------------------------------------------------- > To unsubscribe from this mail list, you must leave the OASIS TC that > generates this mail. You may a link to this group and all your TCs in > OASIS > at: > https://www.oasis-open.org/apps/org/workgroup/portal/my_workgroups.php >
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