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The first claim just sounds like a SQL SELECT with a JOIN; wouldn't this be easy enough to get overturned?


It would only invalidate that claim, but barring finding other prior art for the other claims, the rest of the patent would stand.


ww520 above asserts: A claim is just a list of "AND" conditions, i.e. all the conditions must be met for the claim to be asserted. To defeat a patent claim, it's a matter of adding enough variance in your code to defeat ONE of the conditions.

One of you is right. Which one?


A patent can have many claims.

For instance,

1. A system for sending and receiving email.

You can probably find prior art for that.

2. Claim 1 where the email is sent over a TCP/IP network

And probably you can find prior art for that.

3. Claim 2 where the network is wireless

NTP won over $1 Billion for filing a patent with a claim about this serious, mostly from Blackberry.

Now you can continue like this indefinitely. That's why every time there's a new system, there are thousands of new patents that can be issued. Email on a phone, email over multipath TCP, email with a touchscreen, email with MIME messages, email with MIME messages on a touchscreen, &c. Each of those is considered valid to patent by the PTO. Then instead of email, try playing MP3s, or word processing, or online backup. You quickly arrive at a thicket of a million valid software patents covering everything you might ever want to program many times over.




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