New Microsoft patent obvious?
from Technewsworld:
According to the patent, "it is directed at a system and process for allowing a user to treat both incoming and outgoing e-mail addresses in the message preview pane as well as the full message window of an e-mail message program as objects or distinct entries."
Microsoft was awarded a patent this week for a "system and process for allowing a user to treat e-mail addresses as objects" -- a patent called "obvious and trivial" by one critic of the filing.
"The technique of applying object properties and methods to various data fields in a software product has been standard practice for several decades," software developer Richard S. Tallent, of Beaumont, Texas, told TechNewsWorld. "Doing so with an e-mail address is no different than doing so with a file, a Web address, a misspelled word, or any other common data."
Tallent, who works for ERM, a global environmental consulting firm, maintained that the new patent might entail a feature in a software program, but "an invention that deserves 17 years of protection from similar implementation by competing products -- absolutely not."
Bound by Legalities
Microsoft offers e-mail as an Internet service provide through MSN as well as online through Hotmail .
According to the patent, "it is directed at a system and process for allowing a user to treat both incoming and outgoing e-mail addresses in the message preview pane as well as the full message window of an e-mail message program as objects or distinct entries."
The system, it states, provides "easy manipulation of the e-mail addresses, such as allowing them to be added to a contact list, copied to the computer's clipboard, or double-clicked to open the related contact information for that e-mail address' sender."
"Hence, this system and method of addressing e-mail messages minimizes the number of operator actions required in order to address e-mail messages by facilitating the user in completing his or her contact database or address book," it said.
When asked to explain the patent in something other than "patentese," Microsoft Director of Intellectual Property Licensing David Kaefer responded, "Very few companies will actually describe to you in lay person's terms what's covered in a patent, and the reason is this: whatever I tell you today that's on the record can be used, if this patent is ever litigated, to confine what is meant or not meant by this patent."
"Often, I find people jumping to a conclusion that this is a foundational patent that everybody's going to have to have because we all send e-mail," he told TechNewsWorld. "Those people often don't have a full appreciation that this patent is limited to the specific way that this innovation accomplishes the desired outcome."
Dual Strategy
Asked if the Microsoft patent was a defense, one aimed at pre-empting other companies from patenting the process, Kaefer said that his company has a mixed strategy for its inventions.
He explained that Microsoft spends US$7 billion on R&D every year. Of the inventions resulting from that research, the most important are patented.
"For other things, we don't necessarily seek a patent, but we may want to publish what is known as prior art so that no one else can patent that particular invention," he said.
Typically, he continued, Microsoft will license technology on which it has patents.
"Some companies don't have that approach," he observed. "Some companies use patents to prevent people from using an invention."
"For us," he said, "our broad strategy as a company is to make our portfolio available for licensing."
However, Tallent questions whether there should be any patents on software.
Different World
"Patents in the software world are different from patents everywhere else," he said. "We're not building little machines. This is not the cotton gin."
"When you are describing computer software," he continued, "it really can get pretty complex real fast. And frankly, I don't think that the patent reviewers are qualified to determine whether these patents are non-obvious to someone who is in the industry."
Brigid Quinn, a spokesperson for the U.S. Patent Office, noted that if a party believes that a patent was issued in error, it can be challenged at any time during the patent's life.
"If there's prior art that was overlooked by the examiner, someone can submit it to us and we will do a reexamination of the patent if the prior art raises a substantial new question of patentability," she observed.
However, she said that the office issues 180,000 to 190,000 patents a year and it receives only about 400 requests for reexamination. "A lot of people find fault with our patents," she remarked, "but they never bring the evidence to us."
Tallent called for companies to deploy a patent trust strategy rather than a patent defense strategy.
Patent Trust
"Why doesn't someone set up a patent trust?" he asked. "A company could obtain a patent under the broken system that we have now then release that patent into the trust. Then any company could make full use of that patent."
"Then you've protected yourself from a company coming in and patenting it against you, but then you and everyone else is free to use it as you see fit," he said.
***
And frankly, I don't think that the patent reviewers are qualified to determine whether these patents are non-obvious to someone who is in the industry.".
****
Although the technewsworld article did not disclose the patent number, it is likely US 6,895,426 (issued May 17), entitled Addresses as objects for email messages, the first claim of which recites:
A computer-implemented process for allowing a user to manipulate an email address contained in the preview pane or full message window of an email message of an email program as an object, comprising using a computer to perform the following acts:
identifying an entry in the preview pane or full message window of an email message as an email address, said identifying comprising,
finding at least one field in the preview pane or full message window containing an email message header of the email message containing one or more email addresses, and
parsing at least one email address from the at least one field in the preview pane or full message window which contains one or more email addresses;
checking the email address against addresses in one or more contact databases to determine if it is contained in a contact database, wherein a contact database is a set of stored contacts and corresponding addresses, and wherein said checking comprises at least one of,
determining if the address corresponds to a single contact in the contact list,
determining if the address corresponds to a mailing list in the contact list,
determining if the address corresponds to a newsgroup address in the contact list,
determining if the address corresponds to an invalid email address or internet address,
determining if the address corresponds to a valid email address not found to match any addresses in the contact list, and if so,
ascertaining whether the user's computer is in correspondence with one or more servers,
if the user's computer is not in correspondence with said one or more servers,
appending an icon indicating to the user that more information is needed before sending the email message,
flagging the address such that an act of determining if the address corresponds to an address in the contact list of said one or more servers must be performed prior to sending an email message,
prompting the user to establish correspondence with said one or more servers, and
upon establishing correspondence with said one or more servers, determining if the address corresponds to an address in a contact list of at least one server;
marking the email address with an adjacently placed indicator; and
upon selection of the indicator by the user, allowing the user to manipulate the email address as an object.
The abstract states:
The present invention is directed at a system and process for allowing a user to treat email addresses as objects. This allows easy manipulation of the email addresses, such as allowing them to be added to a contact list, copied to the computer's clipboard, or double-clicked to open the related contact information for that email address sender. Email addresses are treated as objects in the message preview pane and full message windows of both incoming and outgoing email messages. A small icon is added to the text of each address. In a preferred embodiment, the icons will vary depending on the pedigree of the address. The invention is not limited to single addresses. Rather, an entry denoting a mailing list could also be treated as an object and a unique icon could be employed to indicate the nature of the entry. For outgoing messages, the pedigree of the address or list is determined by monitoring where the user obtained the address. For incoming messages, the message header is parsed and searched to find addresses that match the receiving user's address book. If no match is found, a generic address icon is added before the text of the address, while the system checks the email header against other address sources such as server lists. Once the address is marked with an appropriate icon the user can manipulate the address in various ways allowing the user to readily edit or add email addresses to their contact list. Additionally, the invention may include contextual menus to assist the user in this manipulation.
According to the patent, "it is directed at a system and process for allowing a user to treat both incoming and outgoing e-mail addresses in the message preview pane as well as the full message window of an e-mail message program as objects or distinct entries."
Microsoft was awarded a patent this week for a "system and process for allowing a user to treat e-mail addresses as objects" -- a patent called "obvious and trivial" by one critic of the filing.
"The technique of applying object properties and methods to various data fields in a software product has been standard practice for several decades," software developer Richard S. Tallent, of Beaumont, Texas, told TechNewsWorld. "Doing so with an e-mail address is no different than doing so with a file, a Web address, a misspelled word, or any other common data."
Tallent, who works for ERM, a global environmental consulting firm, maintained that the new patent might entail a feature in a software program, but "an invention that deserves 17 years of protection from similar implementation by competing products -- absolutely not."
Bound by Legalities
Microsoft offers e-mail as an Internet service provide through MSN as well as online through Hotmail .
According to the patent, "it is directed at a system and process for allowing a user to treat both incoming and outgoing e-mail addresses in the message preview pane as well as the full message window of an e-mail message program as objects or distinct entries."
The system, it states, provides "easy manipulation of the e-mail addresses, such as allowing them to be added to a contact list, copied to the computer's clipboard, or double-clicked to open the related contact information for that e-mail address' sender."
"Hence, this system and method of addressing e-mail messages minimizes the number of operator actions required in order to address e-mail messages by facilitating the user in completing his or her contact database or address book," it said.
When asked to explain the patent in something other than "patentese," Microsoft Director of Intellectual Property Licensing David Kaefer responded, "Very few companies will actually describe to you in lay person's terms what's covered in a patent, and the reason is this: whatever I tell you today that's on the record can be used, if this patent is ever litigated, to confine what is meant or not meant by this patent."
"Often, I find people jumping to a conclusion that this is a foundational patent that everybody's going to have to have because we all send e-mail," he told TechNewsWorld. "Those people often don't have a full appreciation that this patent is limited to the specific way that this innovation accomplishes the desired outcome."
Dual Strategy
Asked if the Microsoft patent was a defense, one aimed at pre-empting other companies from patenting the process, Kaefer said that his company has a mixed strategy for its inventions.
He explained that Microsoft spends US$7 billion on R&D every year. Of the inventions resulting from that research, the most important are patented.
"For other things, we don't necessarily seek a patent, but we may want to publish what is known as prior art so that no one else can patent that particular invention," he said.
Typically, he continued, Microsoft will license technology on which it has patents.
"Some companies don't have that approach," he observed. "Some companies use patents to prevent people from using an invention."
"For us," he said, "our broad strategy as a company is to make our portfolio available for licensing."
However, Tallent questions whether there should be any patents on software.
Different World
"Patents in the software world are different from patents everywhere else," he said. "We're not building little machines. This is not the cotton gin."
"When you are describing computer software," he continued, "it really can get pretty complex real fast. And frankly, I don't think that the patent reviewers are qualified to determine whether these patents are non-obvious to someone who is in the industry."
Brigid Quinn, a spokesperson for the U.S. Patent Office, noted that if a party believes that a patent was issued in error, it can be challenged at any time during the patent's life.
"If there's prior art that was overlooked by the examiner, someone can submit it to us and we will do a reexamination of the patent if the prior art raises a substantial new question of patentability," she observed.
However, she said that the office issues 180,000 to 190,000 patents a year and it receives only about 400 requests for reexamination. "A lot of people find fault with our patents," she remarked, "but they never bring the evidence to us."
Tallent called for companies to deploy a patent trust strategy rather than a patent defense strategy.
Patent Trust
"Why doesn't someone set up a patent trust?" he asked. "A company could obtain a patent under the broken system that we have now then release that patent into the trust. Then any company could make full use of that patent."
"Then you've protected yourself from a company coming in and patenting it against you, but then you and everyone else is free to use it as you see fit," he said.
***
And frankly, I don't think that the patent reviewers are qualified to determine whether these patents are non-obvious to someone who is in the industry.".
****
Although the technewsworld article did not disclose the patent number, it is likely US 6,895,426 (issued May 17), entitled Addresses as objects for email messages, the first claim of which recites:
A computer-implemented process for allowing a user to manipulate an email address contained in the preview pane or full message window of an email message of an email program as an object, comprising using a computer to perform the following acts:
identifying an entry in the preview pane or full message window of an email message as an email address, said identifying comprising,
finding at least one field in the preview pane or full message window containing an email message header of the email message containing one or more email addresses, and
parsing at least one email address from the at least one field in the preview pane or full message window which contains one or more email addresses;
checking the email address against addresses in one or more contact databases to determine if it is contained in a contact database, wherein a contact database is a set of stored contacts and corresponding addresses, and wherein said checking comprises at least one of,
determining if the address corresponds to a single contact in the contact list,
determining if the address corresponds to a mailing list in the contact list,
determining if the address corresponds to a newsgroup address in the contact list,
determining if the address corresponds to an invalid email address or internet address,
determining if the address corresponds to a valid email address not found to match any addresses in the contact list, and if so,
ascertaining whether the user's computer is in correspondence with one or more servers,
if the user's computer is not in correspondence with said one or more servers,
appending an icon indicating to the user that more information is needed before sending the email message,
flagging the address such that an act of determining if the address corresponds to an address in the contact list of said one or more servers must be performed prior to sending an email message,
prompting the user to establish correspondence with said one or more servers, and
upon establishing correspondence with said one or more servers, determining if the address corresponds to an address in a contact list of at least one server;
marking the email address with an adjacently placed indicator; and
upon selection of the indicator by the user, allowing the user to manipulate the email address as an object.
The abstract states:
The present invention is directed at a system and process for allowing a user to treat email addresses as objects. This allows easy manipulation of the email addresses, such as allowing them to be added to a contact list, copied to the computer's clipboard, or double-clicked to open the related contact information for that email address sender. Email addresses are treated as objects in the message preview pane and full message windows of both incoming and outgoing email messages. A small icon is added to the text of each address. In a preferred embodiment, the icons will vary depending on the pedigree of the address. The invention is not limited to single addresses. Rather, an entry denoting a mailing list could also be treated as an object and a unique icon could be employed to indicate the nature of the entry. For outgoing messages, the pedigree of the address or list is determined by monitoring where the user obtained the address. For incoming messages, the message header is parsed and searched to find addresses that match the receiving user's address book. If no match is found, a generic address icon is added before the text of the address, while the system checks the email header against other address sources such as server lists. Once the address is marked with an appropriate icon the user can manipulate the address in various ways allowing the user to readily edit or add email addresses to their contact list. Additionally, the invention may include contextual menus to assist the user in this manipulation.
posted by Lawrence B. Ebert at 11:20 AM
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