Storyline patent

[jack]

http://www.theregister.co.uk/2005/11/04/movie_plotline_patent/

Supposedly, Andrew Knight has submitted a patent application for a storyline. OK, it's a bit out of date, and not as important as, eg. sleaze and rioting, but someone tell me this isn't going to work :)

Comments

[curig.livejournal.com]

He has submitted an application - it's US 10/722473. Much as it would be nice to say that it isn't going to work, in the US tey will give patents out for just about any subject matter.

Looking at it though I'm not convinced it's new.

Claim 1:

A process of relaying a story having a timeline and a unique plot involving characters, comprising: indicating a character's desire at a first time in said timeline for at least one of the following: a) to remain asleep or unconscious until a particular event occurs; and b) to forget or be substantially unable to recall substantially all events during the time period from said first time until a particular event occurs; indicating said character's substantial inability at a time after said occurrence of said particular event to recall substantially all events during the time period from said first time to said occurrence of said particular event; and indicating that during said time period said character was an active participant in a plurality of events.

So features of the story are 1. Character wants to be asleep/unconcious until some event occurs (say gets kissed by Prince Charming), 2. not to be able to remember stuff that happens while asleep and 3. does stuff while asleep. I can't believe that there isn't a fairy tale out there with that storyline, let alone that there isn't a novel. But looking at the other claims (more specific ones), they could probably limit to something just about new and non-obvious. Of course, it's the issue of principle that matters, and the criterion in US patent law is whether or not it is "useful". Whether the US Patent Office and Courts will think that it is useful is anyone's guess at this stage.

In the UK and Europe, however, it's a different ball game. We have the requirement for industrial applicability and various specific exclusions from patentability. I would have thought that something like this would be a "presentation of information" and hence not patentable in the UK and Europe under current law.

Of course, none of the above is legal and/or patent advice, for which you should always consult a professional. :)

[cartesiandaemon.livejournal.com]

LOL. Thank you!