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Does the USPTO Understand Prior Art?

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James Robertson

Posts: 29924
Nickname: jarober61
Registered: Jun, 2003

David Buck, Smalltalker at large
Does the USPTO Understand Prior Art? Posted: Nov 20, 2009 2:32 PM
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Didn't Winer have support for podcatching in some of his software long before 2003? I'm sure other people did as well, but it was certainly out there from him. In fact, a quick Google Search turns up this, from Dave Winer:

I'm certainly not a lawyer or an expert in patent law, but it seems the work Adam Curry and I did in creating the format and protocol for podcasting, in 2001, may have inspired their "invention." It certainly predates it.

This comes up because of this absurd patent grant to Volomedia. Volomedia claims:

With specific reference to our newly issued 7,568,213 patent, it was filed in November 2003, almost a year before the start of podcasting.

Wow, who knew time moved in that direction? According to the bizarro calendar in use by Murgesh Navar (chief tool at Volomedia), 2003 comes before 2001, when Winer and Curry got started. Who knew? Maybe Navar needs to read the relevant Wikipedia page. I will caution him that it includes multi-syllable words.

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