Apple Patented by Microsoft 336
An anonymous reader writes "C|net is reporting that Microsoft received a patent on Tuesday for a new variety of apple tree. U.S. Plant Patent 14,757, granted to Robert Burchinal of East Wenatchee, Wash., and assigned to Microsoft, covers a new type of tree discovered in the early 1990s in the Wenatchee area, a major commercial apple-growing region. Dubbed the 'Burchinal Red Delicious,' the tree is notable for producing fruit that achieves a deep red color significantly earlier than other varieties. It is sold commercially as the 'Adams Apple.'" Apparently, the assignation of the patent to Microsoft was an error. Or so they would have us believe ...
Coming really soon... (Score:4, Funny)
Re:Coming really soon... (Score:5, Funny)
That would be their next bold move [azlyrics.com].
Oh great. (Score:5, Funny)
Re:Oh great. (Score:3, Funny)
By Toutatis!! The sky is fa--oh nevermind we've covered that.
Comment removed (Score:5, Funny)
Re:Coming really soon... (Score:5, Funny)
Re:Coming really soon... (Score:3, Informative)
Missed a few lines...
Prepare to fast forward!
Preparing to fast forward.
FAST FORWARD!
FAST FORWARDING SIR!
The answer (Score:3, Funny)
How about:
Dark Helmet: (low tone) The way Microsoft manages things it won't last six months.
-JemRe:Coming really soon... (Score:5, Funny)
Re:Coming really soon... (Score:5, Funny)
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3. COPYRIGHT.
It isn't even april.... (Score:5, Insightful)
Re:It isn't even april.... (Score:4, Funny)
Re:It isn't even april.... (Score:5, Informative)
However, yes, genetics are patentable. This includes specific Hybriding.
Re:It isn't even april.... (Score:5, Insightful)
It says the tree was discovered. It's not a man made hybrid of any kind. He reproduced a genetic mutation. He didn't modify anything, and as such should not be issued a patent for the tree, as it is a discovery, and not an invention.
Genetic modifications can be patented, not genetics themselves, and certainly not something which existed in nature with no input from man.
You just can't patent something natural you just discovered... what's next? Patenting oxygen or water? What about the Do-Do bird? Maybe some crazy scientist manages to bring it back to life through cloning, should he receive a patent on the Do-Do bird? He didn't create it, he copied it.
The say the mistake was issuing the patent to Microsoft, not that it was issued in the first place.
Re:It isn't even april.... (Score:3, Funny)
that's what you think. I hold the patent on human life! pay up!
-matt
Re:It isn't even april.... (Score:5, Informative)
It is common for existing wild plants (oriduced purely by natural selection) to be patented and then people who have them on their land or use them are sued (e.g.: indigenous peoples who have used them for medicine for thousands of years). It's called biopiracy (see the book of that name).
RMS is currently campaigning against this.
Re:It isn't even april.... (Score:3, Informative)
The act was but in place in large part because of the works of famous plant hybr
Re:It isn't even april.... (Score:4, Funny)
Understandable... that's the default in the "Patent Holder" field.
prior art (Score:3, Insightful)
Re:It isn't even april.... (Score:4, Informative)
Read here [uspto.gov].
Re:It isn't even april.... (Score:5, Informative)
I don't know what you mean by "develop" but you don't even have to invent the plant to get a patent, you can simply discover it and patent it, as long as you know what it is. From the link you provided:
A plant patent is granted by the Government to an inventor (or the inventor's hiers or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. (emphasis mine)
Basically, if you discover a plant and can genetically describe it, you can patent it. It's a plant for crying out loud, can you patent your dog? Oh wait... is there anything you cannot patent?
Re:It isn't even april.... (Score:3, Funny)
Re:It isn't even april.... (Score:3, Funny)
ATTENTION: LEAKED FROM THE BOWELS OF THE MICROSOFT UNDERGROUND
Deep inside the complex maze of offices at Redmond, microsoft is working on genetically modifying humans to produce THE PERFECT MCSE. After some trials on apple trees, they were practicing creating something that looks and tastes nice, but leaves a disgusting aftertaste. Now they are shifting focus to humans. The perfect MSCE has the following qualities:
Re:It isn't even april.... (Score:4, Informative)
© Centre for Science and Environment
Global Environmental Governance
A patent gives a monopoly right to exploit an invention for 17-20 years. To be patentable an invention must be novel, inventive and have a commercial use. Controversially though, the US and European patent offices now grants patents on plant varieties, GM crops, genes and gene sequences from plants and crops. The current WTO patent agreement, TRIPs - Trade-Related Aspects of Intellectual Property Rights - has been very controversial in this respect for many developing countries who want to have it reviewed, but are being somewhat blocked by the wealthier nations from doing so.
As reported by Environment News Service, "Knowledge is proprietary. It belongs to corporations and is not accessible to farmers," [Dr. Altieri] said. Altieri feels that biotechnology has emerged through the quest for profit, not to solve the problems of small farmers. "Scientists are defending biotechnology
The cost to developing countries in "pirating" their knowledge has been considerable:
"Vandana Shiva believes that the West has a clever structure in place. Using convenient patent laws as a system, the Trade Related Intellectual Property [TRIP] instrument as a stick and the World Trade Organisation [WTO] as the enforcing authority, the First World is seeking to 'rob' the Thirld World. She says in a rigorous article: "When the US introduced IPRs in the Uruguay Round as a new issue, it accused the Third World of 'piracy'. The estimates provided for royalties lost in agricultural chemicals are US$202 million and US$2,545 million for pharmaceuticals. However, as the Rural Advancement Foundation International (RAFI), in Canada has shown, if the contribution of Third World peasants and tribals is taken into account, the roles are dramatically reversed: the US owes US$302 million in royalties for agriculture and $5,097 million for pharmaceuticals to Third World countries."" -- Abduction of Turmeric provokes India's wrath, Good News India, January 2002
Some examples
In Texas, a company called RiceTec took out the patents on Basmati rice (which grows in the Indian and Pakistan regions) and have created a genetically modified Basmati rice, while selling it as normal Basmati -- and it was not against the law, either. In fact, four of the patents were withdrawn in June 2000, when the Indian government formally challenged the patent. However, it, and other incidents continue to raise controversy on patenting indigenous plants. Eventually though, 15 of the 20 patents were also thrown out by the US Patent and Trademark Office (USPTO) due to lack of uniqueness and novelty. However, towards the middle of August 2001, three patents were awarded to RiceTec -- to variants called Texmati, Jasmati and Kasmati, all cross breeds of Basmati and American long grain rice, while RiceTec was also given permission to claim that its brands are "superior to basmati" as reported by the Guardian, who also point out the uproar that has caused in Indian political circles. The article also points out how RiceTec CEO doesn't understand why there is such a fuss over this,
Re:It isn't even april.... (Score:2)
Long live capitalism.
</sarcasm>
Validation error (Score:2, Funny)
Re:It isn't even april.... (Score:3, Insightful)
Well, if I seeded the hardiest of the tough corn with itself 500 times to create a new breed of tough, hardy, drought-proof corn, I would want to be able to patent it too. If I walked into the rainforest, picked a flower, and decided to patent it, that would be just wrong though.
Everything in moderation.
Re:It isn't even april.... (Score:4, Interesting)
WHat if this corn replaces ordinary corn, who does it belong to?
In Saskatchewan (Canada), there are farmers whose field have been spoiled by bio-tech seeds that travel quite far (spoiled because they cant sell to european non-GMO countries) from other farms and who are getting sued by the large corporations for illegally using their products.
The farmer got screwed AND sued.
There were hundreds of different kinds of rice in India and now the majority of rice grown is 2-3 kinds. If these remaining are all GMO rice, then you basically have a billion people hostage to your logic.
Hell, who wouldnt believe the company line how theyre doing 'for the good of humanity'.?
I think they even have Reverend Lovejoy's wife doing PR for them.
Re:It isn't even april.... (Score:5, Insightful)
Apple varieties are often discovered, and occasionally developed. Red Delicious was found on some guy's farm in Iowa back around 1870... he made a mint selling cuttings. Braeburn was a chance find in New Zealand.
Congress obtains the power to establish patents via Artilce 1 Section 8: "[...] promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries [...]"
I think it's not clear. No one ever invented or authored any variety of apple, but it is a discovery with substantial economic value. The potential for a patent on apple varieties probably does promote the growing of test orchards to find new varieties, so that probably counts as promoting useful arts.
I don't much like the idea of patentable life, but I suppose it's within the power we grant to Congress.
I'm glad it's a patent and not a copyright, though.
Re:It isn't even april.... (Score:2, Offtopic)
i.e. google "most contentious aspects of the text which stated that farmers" (with the quotes) and you will see that this was lifted from here [globalissues.org] This article is so long that sections may have been lifted from various places... to find them, just use google...
Re:It isn't even april.... (Score:4, Insightful)
Re:It isn't even april.... (Score:4, Informative)
On a side note, the US has strict rules on the sale of GMO foods, but no labelling restrictions exist. Once it's approved by the FDA for human consumption, I can put it in any sort of packaging I want, sell it in the produce department, whatever. I can't claim that it's not GMO, but I can do something like produce a GM rice and call it basmati.
Re:It isn't even april.... (Score:3, Informative)
Re:It isn't even april.... (Score:3, Informative)
Global Environmental Governance" That's not plagerism.
Re:It isn't even april.... (Score:2)
Plant Patents (Score:5, Funny)
Re:Plant Patents (Score:2)
Rosemary Jane.
And you thought THAT was bad (Score:3, Funny)
Re:And you thought THAT was bad (Score:2)
Let's end this now (Score:3, Funny)
Microserfs have a sense of humour too! (Score:5, Insightful)
Good for him/her, if you spend all your time scowling at Microsoft your face will freeze that way. Ya gotta smile from time to time. :)
Re:Microserfs have a sense of humour too! (Score:5, Funny)
I think you mean poplar. *snicker*
You know! Like the tree!
Apples grow on trees! It's a tree joke!
Anybody? Please? *sigh*
There goes my hope for ever having a +5 Funny post . . .philistines . . .
Microsoft Patent : You (Score:2, Funny)
Re:Microsoft Patent : You (Score:2, Funny)
wow (Score:5, Funny)
Interesting. (Score:5, Funny)
Re:Interesting. (Score:5, Funny)
At random times during consumption, the apple will unexpectedly evacuate your stomach and you will have to start over.
You will be charged a yearly subscription fee for eating the apple whether you actually ate any of it or not. However you will get a slightly reduced rate by agreeing to eat the apple (and nothing but the apple) for the rest of your life.
A tree (Score:2, Funny)
Re: (Score:2)
Re:Lindows meet Microsoft (Score:5, Funny)
So... (Score:5, Funny)
Re:So... (Score:2)
Error. (Score:5, Funny)
A Microsoft spokesman refused to comment on the substance of the error, but alluded to a secret project named "Money Tree". When corrected that money does not in fact grow on trees, but rather on bushes and shrubs, the Microsoft spokesman paused in contemplation, then ran quickly to his car shouting "Eureka!". Microsoft stock finished up 1/4 to land at 26.30.
Re:Error. (Score:2, Funny)
Well, we all know what a house of assignation [infoplease.com] the Patent Office has become lately, so it's no surprise to me that these sorts of things are going on!
Re:Error. (Score:5, Funny)
Would that be a microsoft hegemony?
"hedge o money"?
nevermind.
Worms (Score:2, Funny)
Read the article... (Score:5, Informative)
A Microsoft representative confirmed that the assigning of the patent to the company was a mistake..
The article does go on to discuss the huge inventory of legitimate tech patents that Microsoft has and how they plan to license more of same.
But the software giant has been a prolific patent generator in other areas. The company embarked on a campaign late last year to generate more revenue from its patent portfolio, offering to license widely used inventions such as its ClearType font technology and FAT storage format.
I think that the writer thought "Microsoft patenting Apple" was a humorous intro to Microsofts rather deep pile of patents.
Happy Trails!
Erick
This story does not have enough jokes. Really. (Score:5, Funny)
"sold commercially as the 'Adams Apple'"
We need some more, like...
"Just some more worms for Microsoft"
"Do they have plans for authentication?"
"Microsoft shows the softer side of a monopoly"
...and so on...
Tsk Tsk (Score:5, Funny)
Apparently.. (Score:2)
This is clearly a Microsoft plot to install their propreitary software on produce world wide.
In other news... (Score:5, Funny)
Stupid patents (Score:2)
Apple Tree? (Score:5, Funny)
They acknowledge it was an error, already. (Score:2)
The correction to the patent (Score:5, Interesting)
Why should Microsoft have to file a certificate of correction? The process is wrong - What if Microsoft decided 'Hey, we are going to keep the patent. You just try to take it back'. It is the patent office's mistake.
<tinfoilhat place="on">What if the copies of Microsoft Office that were sold to the Patent Office were given a hidden feature of inserting Microsoft into patents that matched specific keywords?</tinfoilhat>
--jeff++
Re:The correction to the patent (Score:2)
Forbidden Fruit (Score:3, Funny)
But it *Was* a Mistake (Score:5, Funny)
Said an unnamed representative from the USPTO, "Oops, sorry, that one was supposed to go to Monsanto. Honestly, keeping track of evil amoral corporations these days is a real Pain-in-the-Ass(R)."
Schwab
Oh the madness! (Score:3, Funny)
Patent Systems Are Flawed (Score:5, Interesting)
The original concept of the patent system was fine in an era or rural agriculture and home shops. The economics of Perfect Competition (http://en.wikipedia.org/wiki/Perfect_competition
Today that is quite different.
The small, lone inventor is now a myth because 1) research on technical things (Software Patents aside, those are just bad period.) is done now by large universities and businesses who only can license other technologies and pay the research. 2) the patent application system is prohibitively expensive for any small player. Furthermore, so many applications are filed a year, the office spends about 17 hours an application. 17 hours is not enough to have a generally education person (not even necessarily someone in the field) to take a serious look at the invention. The only way one can compete with a patent is through cross-licensing one technology for another which allows the companies in competition to produce the same product. That makes the patent system moot to all but those entering the market, who get screwed.
The argument goes on, but for the sake of briefness I'll cut it off there at a gross generalization.
Why, for the sake of God's Green Earth, can anybody claim a patent on something that has grown in the ground, DISCOVERED (not invented), and not researched. I don't care, quite frankly, who discovered it, I want to know if there was any human invention in its creation. If there isn't, the patent system has failed on a fundamental level because it's. Not. An. Invention.
Are there any nations with sane copyright, patent, and other laws?
Re:Patent Systems Are Flawed (Score:2, Informative)
If I know Microsoft (Score:3, Funny)
Apple is sueing... (Score:4, Funny)
Rumors are going wild about Microsoft thinking seriously to throw the towel and rename it's invention Aspire.
dispute! (Score:5, Funny)
-God
Re:dispute! (Score:5, Funny)
Yeah, like you've got any lawyers up there.
How the hell? (Score:3, Insightful)
Re:How the hell? (Score:5, Informative)
Almost all apple seeds will bear crab apples if planted, so a tree that bears edible fruit in the wild is truly unique. Orchard trees are grafts, usually they have a crab root (or another suitable apple tree) and the fruiting portion is whatever type is desired. Very few apple trees self pollinate so crab apples(which stay in bloom longer), or other varieties that are in bloom at the same time as the variety planted are needed nearby. All that's needed to finish the mix is a healthy hive of bees.
The next story will be ready soon... (Score:2, Informative)
I used to have an example of prior art.... (Score:5, Funny)
Adam's Apple? (Score:2)
They just give it to them by default now (Score:5, Funny)
What makes apple good (Score:2)
As if it must be some marketing ploy.
Assignation? (Score:2, Informative)
So there's a twist to the tryst?
Perhaps you meant assignment.
Re:Assignation? (Score:3, Informative)
Assignation here is Legalese for the transfer of rights or property, so the poster and the article are using the word in its correct meaning. cf. Oxford English Dictionary (funny, None of the online dictionaries that I know of actually show this meaning besides the OED, which requires an institutional license for access).
Assignation (Score:2, Funny)
Next up, SCO (Score:2, Funny)
Stay tuned.
Apples? Bah, we should have patented (Score:2)
Warning! (Score:3, Funny)
Prior Art (Score:2, Funny)
Re:Prior Art (Score:3, Funny)
This actually makes sense for most male users... (Score:2)
Worms... (Score:5, Funny)
Oh Come on, at least I didnt say "Imagine a beowolf cluster of these"
Trees v2.0: I think that I shall never see... (Score:3)
Trees v2.0
by Joyce Kilmer
I think that I shall never see
A poem as lovely as a patented tree.
A tree whose hungry mouth is prest
Against the earth's sweet flowing breast;
A tree that looks to God all day,
And lifts her leafy arms to pray;
A tree that may in summer wear
A nest of Adams Apples [TM] in her hair;
Upon whose bosom snow has lain;
Who intimately lives with rain.
Poems are made by fools like me,
But only inventors can make a tree.
Resist this patent madness (Score:4, Insightful)
This includes whole species, DNA strands, theoretical life forms, THE LOT.
Companies have NO RIGHT to be patenting life itself, which should be held sacred above all else, for philosophical, ecological and societal reasons.
THAT MEANS YOU, MONSANTO! [corporatewatch.org.uk]
assignation (Score:5, Funny)
Patent is probably the wrong word for this (Score:3, Informative)
I read a comment here that you shouldn't be able to do this to plants that were not interbred - plants that grew in nature. What would you say about what happened in our (my family runs a production nursery) place - my late grandfather discovered a mutant plant that had an advantage over what was currently being grown. It was the only one in the lot. Should we have not been able to get PBR on that?
What happened with that plant occurs often in nature, however it rarely gets a chance to be propagated. The plants are all grafted, and it just so happened that this one was a sport (a mutated bud). In the wild, plants do not get grafted. Humans graft trees because it allows us to maintain consistency and grow a plant with certain characteristics as the choice of rootstock has a bearing on how the plant grows and what conditions it can grow in. If you take two plants and cross-pollinate them, the plants that grow from the resulting seeds will all be genetically different - just like humans having babies.
But back to the PBR debate. As you may guess, it takes many years to develop or discover new varieties of plants - it is a very labour intensive and drawn-out process inherent with risks. Should a plant breeder not be afforded protection from unscrupulous operators moving in on his new variety and flooding the market to make a quick buck?
For those that are interested, that mutant plant that my grandfather found was a Kaffir Lime. When we brought the Kaffir to Australia we could only obtain a very limited amount of budwood. We were under an agreement that we could not sell them for a few years whilst we ramped up production (using budwood from the previous years' lot for the next years lot.) because they were a tree that was in such demand that other nurserys would have bought the trees and propagated them, which would have denied the originator their royalties. The variety we grew was the best one to use for cooking - it had an extremely high concentration of volatile oils in the leaves - only problem was that it had big bastard thorns and the damn trees would scratch your arms to shreds (even through a jumper) when handling them. The mutant we found was the same, except it had no thorns! After keeping that tree under lock and key and giving it lots of TLC we took budwood and propagated it, repeating the process over a few years until we had enough to replace the volume of the original variety. The other main variety of Kaffir Lime sold in Australia is a fast-growing variety with large, light leaves and no thorns - only problem is that there's no flavour in the leaves. Go into an Asian grocery store and look at the Kaffir Lime leaves - they're all like the sort that we grow.
Re:how was this patented? (Score:3, Informative)
Plant patent information can be found here [uspto.gov] for anyone that is really interested in the subject.
Orchard (Score:2, Funny)
Re:Patent? (Score:2)
Re:Why is this news? (Score:4, Funny)