[ih] Saving IETF history
Karl Auerbach
karl at cavebear.com
Thu May 13 17:14:22 PDT 2021
One thing about patents and "prior art" is the frequent unwillingness of
people to look outside of their own disciplines.
Let's look at the notion of the IMP reloading its memory when it forgot.
In our human world one might say "I forget Joe's address, do you
remember it?" That's similar to the IMPs request for a software image.
And the human response, "Oh, it's 123 Imp Lane" is similar to the
forgetful IMP getting a refresher from a neighbor IMP.
In a patent one might start with a broad claim such as "Refreshing
memory from neighbor" and then narrow that down with subsequent claims
such as "Computer refreshing memory from a neighbor computer via a network".
That's perhaps a weak example. I have long been intrigued by learning
from biology - plants and animals are amazing robust - to see what we
can do to improve network reliability and reduce operating costs. There
are a lot of lessons - such as aim for survival rather than optimum or
most efficient use of resources. Another is to layer mechanisms so that
if one fails there is a backup - this is how trees, for instance, often
show surprising resilience to new conditions - and could perhaps help us
harden the Internet's routing systems.
Given a quite synoptic view one could see how a patent on a Covid RNA
vaccine technique that informs a person's immune systems of
yet-to-be-experienced viruses could arguably be applied to the sharing
of Snort intrusion signatures (rules) - both are informing defensive
systems about ways to identify an attacker.
Everyone here on this list has a deep education that feeds imaginative
intellects. I suspect that everyone here has at one time or another had
an insight that bridged between disciplines.
The Patent Office isn't so smart, informed, or imaginative. While we may
say "but that's obvious" the patent examiners may be unwilling to
quickly agree.
It is for that reason that I have been concerned that many of our
Internet documents have become dry specifications without expressing the
reasoning and experimentation behind those specifications, or discussing
the paths not taken (and why.) [Indeed those mentions of the paths not
taken could sometimes be more important in a patent fight than the
reasoning that was adopted for a particular Internet technology.]
When fighting patents the goal is often not to fight the patent in its
entirety but to restrict the scope of the patent to the most narrow of
its sequence of ever-tightening claims.
--karl--
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