Friday, November 3rd, 2006

Remote Scripting Transport Patent

Category: Editorial

In yet another example of “Man we need to revamp the patent office and get a process that has a clue” Brent Ashley has pointed out the Patently Obvious:

Douglas Crockford points out at the top of his blog that a patent was applied for in 2001 and awarded late last year covering using the <script> tag as a remote scripting transport.

Numerous people have “discovered” and exploited the value in using the script tag to get code and data on the fly since that time. It’s an obvious logical use of the functionality for which it was designed.

Of course, once a patent is granted, arguments about obviousness or originality can fall on deaf ears – the patent owner has the upper hand and it could cost you a lot to prove your case in court.

Beyond the obviousness, inspection of both the client and server side code for the patent reveals that most of it is copied directly from my JSRS library, published a year earlier, not only without attribution, but claiming it as their own “NetGratus Remote Scripting”.

It’s rather ironic that the appearance of this patent will have had exactly the opposite effect that a patent should: Rather than the patent informing the world about a hitherto unknown invention, explaining its workings and contributing to the furtherance of knowledge, the patent in this case informs the masses of people who came up with the same obvious idea that they had better stop using this technique in order to reduce their liability regarding the injunctive power of the patent holder.

Posted by Dion Almaer at 4:27 am

3.9 rating from 16 votes


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F*cking st*pid patent system!! im gonna patent the use of air for living … beware of breathing!!

Comment by cocotapioca — November 3, 2006

Last para of the patent – “The present invention should therefore not be seen as limited to the particular embodiments described herein, but rather, it should be understood that the present invention has wide applicability with respect to network data delivery generally. All modifications, variations, or equivalent arrangements and implementations that are within the scope of the attached claims should therefore be considered within the scope of the invention.

Think that covers breathing, cocotapioca?

Comment by Pi — November 3, 2006

That is the most ridiculous patent I’ve seen after M$ patented “isNot”
Come on, sue me, I’ll be here all week

Comment by patentmyass — November 3, 2006

Same thing happened for India as well. We have some rice called “Basmati” which is exclusively was available in India and exported to other countries. And suddenly RiceTec Inc applied the patent and got it.

And after some fight the patent was revoked

I agree about the stupid patent system.

Comment by Thirumalai Veerasamy — November 3, 2006

Yea, right. They will not be able to successfully sue anyone for this. They are saying they invented the script tag basically. Or the question mark. Maybe they invented HTML? Oh, it must be Al Gore! They invented the internet, computers, and the space time continuum. And the Flux Capacitor, which makes time travel possible. Whatabunchofidiots.

Comment by Ryan Gahl — November 3, 2006

Well it is truth that a variety of companies (Unisys, NCR, EOLAS, etc.) have patented things like ecommerce or search on the Web and are going around shaking down those who can pay. So what we have here doesn’t surprise me. The truth is that it won’t effect most of us unless you use it and get big enough to get literally extorted.

These general patents are legalized shake down systems plain and simple. This unwritten system favors those with power and with the money to patent that which is practically in the public domain.

Comment by Matt Lowell — November 3, 2006

You know, there is a thing called Common Knowledge and as for this one, there’s no way they can use this patent to play up against anyone.
I’m just surprised that this thing is even called an invention. The method of using tag to grab dynamic javascript off the server has been around long before these dumb asses applied the patent.
I think this patent should really be revoked. tag usage is a common knowledge of javascript.

Comment by Simon Jia — November 3, 2006

Prior art: here is a Javascript RPC for PHP publicly posted on 3/12/1999. Is is derived from Microsoft code that was posted even earlier.

Comment by Jon Smirl — November 4, 2006

[…] Ajaxian – Remote Scripting Transport Patent – Remote scripting (RS) is a set of methods that allow a webpage to communicate with the server without reloading the page.  In this way a web page can become a lot more interactive.  Working in the background to keep the data on the page fresh.  RS is now in widespread use across the web.  Well, I’d like to now state publicly that I invented remote scripting.  Why aren’t I rich now?  Well, like most things I “invent”… I’m not the first.  History has it that RS was first invented in 1996 by MS.  Brent Ashley invented a version of RS in 2000.    My version in 2001 was definitely not the first.  RS is basically a technology discovered almost simultaneously by many web experimentalists trying to push the browser to the edge.  Well, it appears that there was one of us that actually applied for a patent.  Why didn’t I patent it… well, patents are supposed to be non-obvious.  […]

Pingback by Hypercubed Blog » Blog Archive » Links of the Week (Week #42, 43, 44) — November 5, 2006

You know what would be really useful? To find out about these things when the patent application is submitted, instead of after it has been granted. Then we could submit prior art to the PTO and maybe prevent bad patents from being granted in the first place. Might save a lot of law suits later. It doesn’t do us much good to moan about it after the horse has left the barn.

Comment by Vince Veselosky — November 6, 2006

[…] A quarta parte de hoje são alguns links sobre desenvolvimento: Controle de sessão e PHP, Modelo de orientação a objetos em PHP 5, Minikit: visual effect bag, Sugar Arrays: Porting over JavaScript 1.6 Array methods, Remote Scripting Transport Patent, Amberjack: JavaScript Site Tour Creator, 3D Rendering in JavaScript e 10 things you (probably) didn’t know about PHP. […]

Pingback by Links comentados via - 7 » Japs — November 19, 2006

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